The Lower Eastern Times Opening The Third Eye
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Magarini MP Harrison Kombe suffered a significant setback as the Supreme Court upheld the annulment of his election victory, mandating a by-election.
Kombe’s appeal, contesting the nullification of his August 2022 electoral win, was dismissed by a five-judge panel comprising Justices Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola, William Ouko, and Mohammed Ibrahim.
This decision aligned with previous rulings by the Court of Appeal and High Court, which identified serious errors, illegalities, and irregularities during the election process.
The Supreme Court concluded that Kombe’s petition lacked substance, affirming the lower courts’ findings of constitutional and legal non-compliance, as per Section 83 of the Elections Act. Consequently, Kombe’s appeal was rejected, and the Court upheld the earlier judgment of the Court of Appeal.
The Supreme Court directed the Independent Electoral and Boundaries Commission (IEBC) to declare the Magarini Constituency seat vacant and conduct a by-election in compliance with legal procedures.
This ruling echoed a prior High Court judgment on March 3, 2023, which declared the Magarini Constituency election void due to constitutional and legal irregularities.
Despite Kombe’s efforts to challenge this decision in the appellate court, his appeal was dismissed on July 28, 2023. Originally declared the election winner with 11,946 votes, Kombe now faces the necessity of a new electoral contest.
