- Kombe was first elected to the Kenya National Assembly from Magarini Constituency on the ticket of the Shirikisho Party in 2002.
- Supreme Court found that Kombe, who ran on an ODM ticket, engaged in ballot stuffing and altering of election results.
Image: FILE
Harrison Mwalimu Garama Kombe is perhaps a good example of a man who never gives up.
The ODM MP who beat rival by only 21 votes in the 2022 election lost his seat but took the battle to the Supreme Court.
Kombe had just made a comeback after being in the political cold for five years.
He was first elected to the Kenya National Assembly from Magarini Constituency on the ticket of the Shirikisho Party in 2002.
He lost the seat to Amason Kingi in 2007 but he recaptured the seat in 2013 on the URP ticket.
He lost the seat again to Michael Thoya of ODM in 2017 and again recaptured the seat in 2022 on an ODM ticket.
The Supreme Court however nullified the election on May 31, 2024 and ordered a by election, presenting Kombe with a new battle should he contest for the seat.
Kombe suffered a blow in March 2023 after the Malindi High Court annulled his victory over mass irregularities.
Justice Alfred Mabeya said the election was marred by many errors during the counting of votes and even before the announcement of the victory.
The court ruled that a by-election should be conducted. It cited voter stuffing, reduction and exchanging of results in favour of the winner declared by IEBC.
In the election Kombe (ODM) got 11,946 votes followed closely by Stanley Kenga (UDA) who got 11,925 votes.
Michael Thoya (Pamoja African Alliance) garnered 7,921 votes.
Kenga’s petition alleged widespread irregularities, fraud, and illegalities, which he claimed undermined the integrity of the election.
These included the denial of his agents' access to polling stations, falsification of statutory declaration forms, vote padding, and other election offences
Kombe did not give up as he went to the Court of Appeal seeking to overturn the decision of the High Court.
On July 28, 2023, Kombe suffered yet another blow.
The Court of Appeal upheld the nullification of the election of Kombe.
The court held that Kombe’s appeal against the lower court’s decision nullifying his win had no solid grounds to warrant overturning the said ruling.
Court of Appeal reiterated that the principles enshrined in Articles 81 and 86 of the Constitution, which demand free, fair, transparent, and accountable elections, had been violated.
Kombe did not stop there, he moved to the Supreme Court to challenge the decision of the lower courts.
Supreme Court judges Justices Smokin Wanjala, Njoki Ndungu and Mohammed Ibrahim on Friday found that Kombe, who ran on an ODM ticket, 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.