The Supreme Court has issued an order barring the electoral commission from declaring the position of Member of the National Assembly for Magarini Constituency as vacant.
The order shall be in force pending an appeal lodged by Harrison Kombe.
The court of appeal in July this year upheld Kombe’s nullification setting the motion for a re-election in his constituency.
The matter emanates from the high court where his election was contested by former Kilifi Deputy County Speaker Karisa Kenga.
Justice Alfred Mabeya who handled the petition and nullified his win cited massive irregularities including ballot staffing and exchange of votes during the August 9 elections.
Aggrieved, Kombe appealed and the court of appeal still nullified his election.
He then moved to the Supreme Court which has since temporarily halted the appellate court's decision.
"In our view, and in light of the facts and arguments here, we find that the appeal is arguable and not time-wasting," said the Supreme Court Judges.
Kombe in his appeal argues that the decision of the two other courts is flawed.
He has faulted the courts for affirming the nullification of his victory despite finding that the irregularities were mostly minor and did not affect t the outcome of the results.
The Apex court said the Registrar shall make arrangements for the hearing and disposal of Kombe’s appeal. It will be heard on a priority basis.
