Supreme Court Upholds Decision Nullifying Magarini MP Harrison Garama Kombe's 2022 Victory

• The Supreme Court has confirmed the nullification of Magarini MP Harrison Garama Kombe's 2022 election win due to irregularities
• Kombe's victory was challenged by UDA's Stanley Kenga Karisa, who lost by just 21 votes in the August 2022 election
• The Supreme Court found constitutional and electoral law violations, particularly at the Mapimo Youth Polytechnic polling station
• High Court Judge Alfred Mabeya nullified Kombe’s election due to ballot stuffing and other irregularities, which was later upheld by the Court of Appeal

Didacus Malowa, a journalist at TUKO.co.ke, brings over three years of experience covering politics and current affairs in Kenya.

Nairobi - The Supreme Court has upheld the nullification of Magarini MP Harrison Garama Kombe's 2022 General Election win.

United Democratic Alliance (UDA) party's Stanely Kenga Karisa challenged Kombe's victory after he beat him with a difference of 21 votes.

In the August 2022 polls, Karisa managed to garner 11,925 votes against Kombe's 11,946, who vied on an Orange Democratic Movement (ODM) party ticket.

The five-judge bench of the apex court stated that Karisa had proven that the Constitution and the Electoral Act had not been complied with.

"From what we have stated in the previous paragraphs, it should be apparent the 1st respondent (Karisa) was able to prove on a balance of probabilities, non-compliance with the Constitution and electoral law in the manner the 2nd and 3rd (IEBC) respondents conducted the election, especially from the events at Mapimo Youth Polytechnic polling station 1 of 6, where there was unlawful reopening of the ballot box, alteration of forms without countersigning and a recount of votes in the absence of all the agents," ruled Justices Smokin Wanjala, William Ouko, Njoki Ndung’u, Isaac Lenaola and Mohammed Ibrahim.

What irregularities did Supreme Court find?

According to the top judges, breaking the seals on ballot boxes after the voting concluded was contrary to the law.

The judges stated that recounting of votes at Mapimo Youth Polytechnic polling station by Independent Electoral and Boundaries Commission(IEBC) officials was wrong.

"The breaking of the seals of the ballot box at the tallying centre after the conclusion of voting, the recount and the correction of Form 35A, in our considered view, was not only contrary to the law and settled judicial pronouncements but was also unwarranted,” the judges said.

Kombe's election was previously nullified by High Court Judge Alfred Mabeya, who cited irregularities, including ballot stuffing, that affected the final result.

It was later upheld by the Court of Appeal before Kombe obtained an injunction allowing him to appeal to the Supreme Court.

Servers are always open, says Ruto

Since the 2022 polls, ODM leader Raila Odinga has been blaming the IEBC for denying him his alleged victory.

In February 2023, President William Ruto stated that the servers have always been open and that his presidential win was validated based on the results provided by the services.

He termed Raila's demand to have the servers opened as an insult to the people of Kenya and democracy at large.

Proofreading by Mercy Nyambura Guthua, journalist and copy editor at TUKO.co.ke