ODM MP loses seat after Supreme Court ruling
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Supreme Court upholds Court of Appeal's decision to nullify the election of ODM MP Harrison Garama
Supreme Court upholds Court of Appeal’s decision to nullify the election of ODM MP Harrison Garama.
The Supreme Court has upheld the nullification of the election of Magarini Member of Parliament Harrison Kombe.
In a ruling on Friday, May 31, the Supreme Court upheld the nullification that was made by the Court of Appeal, stating that there was no error in the court’s finding that the respondent, Stanely Kenga Karisa, met the standard of proof.
“The Court finds no error in the determination by the Court of Appeal that the 1st respondent met the standard of proof thereby discharging the burden of proof and establishing that indeed there was non-compliance with the Constitution and the law or that the noted irregularities and illegalities did affect the final result, based separately on both limbs of Section 83 of the Elections Act,” read part of the ruling.
The High Court had nullified Kombe’s election on grounds that there were glaring irregularities that affected the results before the Court of Appeal affirmed the decision.
Kombe, an ODM candidate, and Kenga (UDA) were among the candidates who contested for the seat of Member of National Assembly, Magarini Constituency, Kilifi County, in the general elections held on August 9, 2022.
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The ODM candidate was declared the duly elected Member of the National Assembly for Magarini Constituency with 11,946 votes, ahead of the UDA candidate, who had 11,925 votes.
Kenga then went to court challenging Kombe’s election, contending that there were grave errors, flaws, fraud, illegalities, and irregularities committed by the ODM candidate.
After the Supreme Court upheld the nullification of Kombe’s election on Friday, he was ordered to pay Sh2 million to the respondent.
“The 2nd respondent shall forthwith declare the seat of the Member of the National Assembly for Magarini Constituency vacant and proceed to conduct a by-election in accordance with the law,” the Supreme Court ruled.
“Costs capped at Kshs. 2,000,000 are awarded to the 1st respondent to be paid by the appellant. iv. We hereby direct that the sum of Kshs. 6,000 deposited as security for costs upon lodging of this appeal be refunded to the appellant.”
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