Supreme Court Ruling Ousts Magarini MP Kombe
On Friday, the Supreme Court upheld the Court of Appeal’s decision to nullify Harrison Garama’s election as Magarini Member of Parliament.
Garama’s election was voided due to significant irregularities.
This Supreme Court decision allows the Independent and Electoral and Boundaries Commission (IEBC) to organize a by-election for constituents to elect their representative in the National Assembly.
The five-judge bench supported the Appellate Court’s finding that Garama’s election was invalid because it did not comply with the Constitution and legal requirements.
In September 2022, Stanley Kenga, a United Democratic Alliance (UDA) party candidate, filed a challenge in the High Court against Garama Kombe’s election as the Magarini legislator.
Kenga’s petition claimed that his agents were barred from 4 polling stations and that the vote counts in 6 electoral seats across 2 polling stations were inconsistent.
He also alleged instances of vote padding and manipulation in 4 polling stations, accusing Garama and his officers of committing election offences.
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The High Court, upon examining the case, found the allegations against Garama to be valid, leading to the annulment of his election.
Following the High Court’s ruling in Kenga’s favor, Harrison Garama filed an appeal at the Appellate Court, seeking to overturn the decision.
However, the Appellate Court also upheld the High Court’s decision, agreeing that Garama’s election was tainted by irregularities.
Garama then appealed to the Supreme Court, where he lodged a new petition challenging the previous rulings.
The Supreme Court, in its ruling, upheld the decisions of the lower courts, declared the seat vacant, and ordered fresh by-elections.
“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.
Supreme Court Ruling Ousts Magarini MP Kombe