United Democratic Alliance (UDA) Vice Chairman Hassan Omar has taken to his social media platforms to celebrate after Supreme Court nullified the August 9, 2022, election of Magarini Member of Parliament (MP) Harrison Kombe.
Kombe who had been elected on an Orange Democratic Movement (ODM) ticket lost his victory after UDA’s Stanley Karisa Kenga filed a petition protesting the win.
Hassan Omar has congratulated Kenga for successfully petitioning against Kombe, arguing that their candidate’s victory had been stolen.
“Congratulations my brother Hon. Stanley Karisa Kenga our UDA candidate for Magarini Constituency, Kilifi County during the 2022 general elections for successfully petitioning against the theft of your victory all the way to the Supreme Court,” said Omar.
The EALA MP said Kenga will remain the sole UDA candidate for Magarini Constituency as it has been the practice and tradition of political parties for those who successfully file election petitions.
“You kept the faith and certainly the UDA Party will keep its faith in you. You remain the sole UDA candidate for Magarini Constituency as has been the practice and tradition of political parties for those who successfully petition against the theft of their victories,” Omar added.
Congratulations my brother Hon. Stanley Karisa Kenga our @UDAKenya candidate for Magarini Constituency, Kilifi County during the 2022 general elections for successfully petitioning against the theft of your victory all the way to the Supreme Court.
— Senator Hassan Omar Hassan (@HassanOmarH) May 31, 2024
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Justices Smokin Wanjala, Njoki Ndungu and Mohammed Ibrahim on Friday, May 31, 2024, found that ODM’s Kombe engaged in ballot stuffing and altering of election results.
The bench said they found no error in the determination of the Court of Appeal that there was non-compliance with the Constitution and the law or that the noted irregularities and illegalities did affect the final result, based on both limbs of Section 83 of the Elections Act.
The judges ordered that IEBC 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.
Kombe who lost the petition was also ordered to pay for the petition costs capped at Ksh2,000,000.
Kombe had defeated Kenga during the August 2022 polls by only 21 votes.
He got 11,946 votes against Kenga’s 11,925.
Kenga filed a petition at the High Court seeking the nullification of Kombe’s win over alleged electoral malpractice.
Kombe had served as Magarini MP for two terms from 2007-2013 and 2013-2017, before making short-lived comeback in 2022.
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