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Magarini voters to elect new MP as Supreme Court nullifies Harrison Kombe's victory

Harrison Kombe lost the Magarini MPs seat after the Supreme Court upheld the Court of Appeal's decision to nullify his victory. (Photo: KNA)

By Barack Oduor | Friday, May 31, 2024

Kombe, who worked as a teacher at several schools in Kilifi County, is expected to face stiff competition to retain his seat.

Voters in Magarini Constituency, Kilifi County, are headed for a fresh by-election after the Supreme Court on Friday upheld a decision to nullify the election of MP Harrison Garama Kombe.

A five-judge bench upheld the Court of Appeal's decision, which had also invalidated Kombe's victory. The MP, who was elected on an Orange Democratic Movement (ODM) Party ticket, consequently lost his seat.

"For this reason, we find no merit in the appeal. It is hereby dismissed and for the avoidance of doubt, we affirm the judgment of the Court of Appeal, together with the directions on the declaration of the seat of the Member of the National Assembly for Magarini Constituency vacant and the direction to the 2nd respondent to conduct a by-election for Member of the National Assembly for Magarini Constituency in accordance with the law," the judges ruled.

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The Court of Appeal ruled that the petitioner, Stanely Kenga Karisa, had satisfactorily met the standard of proof required for such petitions, thereby proving and establishing that Kombe's victory was non-compliant with the Constitution.

At the centre of the case were accusations of election irregularities that saw Kombe narrowly win the seat against Stanley Kenga Karisa, a former Kilifi County Assembly Deputy Speaker.

Kenga, who vied via the United Democratic Alliance (UDA) party, garnered 11,925 votes against Kombe's 11,946, a paltry difference of 21 votes.

Aggrieved by the outcome, Kenga challenged the case at the High Court, seeking to overturn Kombe's victory on grounds of election malpractice.

At the High Court, Judge Alfred Mabeya concurred that massive irregularities including ballot stuffing and the exchange of votes during the August 9, 2022, poll, affected the outcome of the elections.

Kombe filed an appeal at the Court of Appeal, seeking to overturn the High Court's decision.

However, the Court of Appeal upheld the High Court's ruling, forcing him to seek the intervention of the Supreme Court, which sealed his fate.

The five-judge bench, comprising Justices Smokin Wanjala, Njoki Ndung'u, William Ouko, and Isaac Lenaola, also upheld the Court of Appeal's decision, throwing out his victory.

Kombe, who worked as a teacher at several schools in Kilifi County, is expected to face stiff competition to retain his seat, with Senate Speaker Amason Kingi's Pamoja African Alliance (PAA) Party and President William Ruto's United Democratic Alliance (UDA) Party set to field candidates.