Supreme Court has upheld a decision to nullify the election of Magarini MP Harrison Garama Kombe.
A five-judge bench of the apex court ruled that there was no error in the Court of Appeal’s finding that the petitioner – Stanely Kenga Karisa – had met the standard of proof, thereby discharging the burden of proof and establishing that there was indeed non-compliance with the Constitution and the law.
Mr Kenga, a former Kilifi County Assembly Speaker, contested the seat on the seat on President William Ruto’s United Democratic Alliance (UDA) party and garnered 11,925 votes against Mr Kombe’s 11,946, a difference of 21 votes.
Mr Kombe’s election was nullified by High Court judge, Alfred Mabeya, who cited massive irregularities that affected the final result.
The decision was upheld by the Court of Appeal before Mr Kombe obtained an order allowing him to appeal to the Supreme Court.
