Harrison Garama Kombe v Kenga Stanley Karisa & 3 others (SC Petition No. E020 of 2023; SC Application No. E028 of 2023)
Final
- Court
- Supreme Court of Kenya
- Case number
- SC Petition No. E020 of 2023; SC Application No. E028 of 2023
- Filed
- 1 Aug 2023
- Parties
- Harrison Garama Kombe (appellant/applicant) v. Kenga Stanley Karisa, IEBC, Amina Abubakar Seng, Michael Thoyah Kingi
What was claimed
Appeal arguing the Court of Appeal misapplied section 83 of the Elections Act and the burden and standard of proof; application for stay of the Court of Appeal judgment and to stop a by-election.
What the court decided
22 September 2023 (seven-judge bench): stay of the Court of Appeal judgment granted and IEBC barred from declaring the seat vacant or starting an election pending the appeal. 31 May 2024: appeal dismissed (Ibrahim, Wanjala, Njoki, Lenaola, Ouko SCJJ), holding the section 83 test disjunctive; Court of Appeal judgment, including the direction to declare the seat vacant and hold a by-election, affirmed; costs capped at Sh2,000,000. 9 August 2024: his application for review of the judgment dismissed as 'an appeal disguised as a Motion for review'.1 2 3
Harrison Garama Kombe v Kenga Stanley Karisa & 3 others (Election Petition Appeal No. E001 of 2023)
Final
- Court
- Court of Appeal at Mombasa (Gatembu, Lesiit & Odunga JJ.A.)
- Case number
- Election Petition Appeal No. E001 of 2023
- Filed
- 2023
- Parties
- Harrison Garama Kombe (appellant) v. Kenga Stanley Karisa, IEBC, Amina Abubakar Seng, Michael Thoyah Kingi
What was claimed
Appeal against nullification; IEBC and returning officer cross-appealed.
What the court decided
28 July 2023: appeal and cross-appeal dismissed; some High Court findings reversed but nullification upheld on the cumulative effect of irregularities; costs capped at Sh1,500,000 against Kombe.1 2
Kenga Stanley Karisa v Harrison Garama Kombe, IEBC & others (Election Petition No. E001 of 2022)
Final
- Court
- High Court of Kenya (Mabeya J)
- Case number
- Election Petition No. E001 of 2022
- Filed
- 2022
- Parties
- Kenga Stanley Karisa (petitioner) v. Harrison Garama Kombe, IEBC, Magarini Returning Officer Amina Abubakar Seng and Michael Thoyah Kingi
What was claimed
Challenge to the 9 August 2022 Magarini MP election (margin 11,946 to 11,925) alleging denial of agents' access, falsified and altered statutory forms, vote padding and election offences.
What the court decided
3 March 2023: election declared null and void on findings including an unlawful ballot-box reopening at Mapimo Youth Polytechnic and altered Forms 35A without countersignature; by-election ordered; costs capped at Sh1,000,000 against Kombe.1