The Supreme Court on Friday upheld the nullification of Magarini MP Harrison Garama Kombe’s election.
A five-judge bench ruled that Stanley Kenga Karisa had successfully demonstrated that the Constitution and the Electoral Act were violated, consistent with earlier rulings by the High Court and the Court of Appeal. Karisa, a former deputy speaker of the Kilifi County Assembly, ran on President William Ruto’s United Democratic Alliance (UDA) party ticket, securing 11,925 votes against Kombe’s 11,946 (ODM), a margin of just 21 votes.
“From what we have stated in the previous paragraphs, it should be apparent the 1st respondent (Mr. Kenga) 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,” stated Justices Mohammed Ibrahim, Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola, and William Ouko.
The judges ruled that IEBC officials had acted improperly by breaking ballot box seals, retrieving an envelope, recounting votes, and altering Form 35A at the Mapimo Youth Polytechnic polling station.
“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 stated.
As a result, the people of Magarini constituency will remain unrepresented, as will those of Banissa in Mandera County, until the Independent Electoral and Boundaries Commission (IEBC) is reconstituted.
