The Supreme Court on Friday upheld the Court of Appeal's decision to nullify the election of Harrison Garama as Magarini Member of Parliament.
The five-judge bench upheld the Appellate Court's decision that Garama's election was invalid as the election was not conducted per the Constitution.
In September 2022, Stanley Kenga, a contestant under the United Democratic Alliance (UDA) party ticket moved to the High Court challenging the election of Garama Kombe as the Magarini legislator.
In his petition, Kenga argued that his agents were denied access to 4 polling stations and that the number of votes cast for 6 electoral 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 his officers, committed electoral offences throughout the election.
While determining the case, the High Court found out the allegations levelled against Garama were valid leading to the nullification of his election.
The High Court ruling prompted Garama to file an appeal at the Appellate Court, as he sought to reverse the High Court decision.
His decision to move to the Court of Appeal also hit the rocks after the judges upheld the High Court ruling determining that his election was marred by irregularities.
Kombe later obtained an order allowing him to appeal at the Supreme Court where he lodged a new petition challenging the previous rulings.
The Supreme Court ruled in favour of Kenga, a decision that paved the way for the Independent and Electoral and Boundaries Commission (IEBC) to organise a by-election.
"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.
"Costs capped at Kshs2,000,000 are awarded to the 1st respondent to be paid by the appellant. We hereby direct that the sum of Ksh6,000 deposited as security for costs upon lodging of this appeal be refunded to the appellant."
