Magarini MP Harrison Garama’s election nullified

  • May 31, 2024
  • 2 min read
Magarini MP Harrison Garama’s election nullified

The Supreme Court on Friday upheld the Court of Appeal’s decision to annul the election of Harrison Garama as MP for Magarini. Garama’s election had been annulled on the grounds of gross irregularities.

The High Court’s decision paves the way for the Independent Electoral and Boundaries Commission (IEBC) to organise a by-election in which voters will choose their representative in the National Assembly.

However, the five-judge bench upheld the Court of Appeal’s ruling that Garama’s election was invalid because it was not conducted in accordance with the Constitution and the law.

Judges Smokin Wanjala, Njoki Ndungu and Mohammed Ibrahim found on Friday that Kombe, who contested on an ODM ticket, had engaged in ballot stuffing and falsification of results.

As a result, the judges ordered the IEBC to immediately declare the seat of the Member of Parliament for Magarini Constituency vacant and conduct a by-election in accordance with the law.

In September 2022, Stanley Kenga, a candidate on the United Democratic Alliance (UDA) party ticket, approached the High Court challenging Garama Kombe’s election as Magarini MP.

In his petition, Kenga argued that his agents were denied access to 4 polling stations and that the number of votes cast in 6 seats in 2 polling stations was different.

He further alleged that there were instances of vote padding and manipulation in 4 polling stations and that Garama, through its agents, committed electoral offences in the conduct of the election.

In deciding the case, the High Court found that the allegations against Garama were valid, leading to the nullification of his election.

The High Court ruling in favour of Kenga prompted Mr Harrison Ngarama to appeal to the Court of Appeal in an attempt to overturn the High Court decision.

His decision to go to the Court of Appeal also fell apart after the judges upheld the High Court ruling that his election was marred by irregularities.

Kombe later obtained an order allowing him to appeal to the Supreme Court, where he filed a fresh petition challenging the previous rulings.





Daniel Ndiwa
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