First instance body dealing with electoral disputes

Constitution

78. (1) The High Court shallhave jurisdiction to hear and determine any question whether—

a. any person has beenvalidly elected as a Member of Parliament; and

b. the seat of a Memberof Parliament has become vacant.

(2)The High Court to which any question is brought under subsection (1) shalldetermine the said question and give judgement thereon within four months afterthe commencement of the proceedings before that Court.

(3)An appeal shall lie to the Court of Appeal from the decision of the High Courton any matter determined pursuant to subsection (1), save that no appeal shalllie in respect of any interlocutory decisions of the High Court in suchproceedings.

(4)The Court of Appeal before which an appeal is brought pursuant to subsection(3) shall determine the appeal and give judgement thereon within four monthsafter the appeal was filed.

(5)The decision of the Court of Appeal on any matter pursuant to subsection (3)shall be final and not be inquired into by any Court.

(6) For the purpose ofthis section Parliament may make provision, or may authorise the making ofprovisions with respect to the practice and procedure of the High Court or theCourt of Appeal, and may confer upon such Courts such powers or may authorisethe conferment thereon of such powers as may appear to be necessary ordesirable for the purpose of enabling the said Courts effectively to exercisethe jurisdiction conferred upon them by this section or by any law relating tothe hearing of appeals from the High Court.

ElectionsAct, 2012

Election petition rules.

138. (1) All questions which may arise as to the right of a person to be orremain a Member of Parliament shall be referred to and determined by a Judge ofthe High Court on apetition presented by a voter and in accordance with the procedure prescribedunder section 162 for the trial of an election petition.
(2) Where the question to be decided concerns the right of a person to remain aMember of Parliament, the Court shall certify its decision in writing to theSpeaker and the Electoral Commission and where the High Court has decided thata person is not entitled to remain a Member of Parliament that person shallthen cease to be a Member of Parliament.
139. (1) Every election not called in question within twenty- one days afterthe publication of the result in the Gazette, shall be deemed to have been toall intents a good and valid election.
(2) No election petition founded on acts amounting to an offence under Part Xor Part XI shall be brought unless those acts occurred between the last dayappointed for the delivery of nomination papers notified under section 59 andthe time of the day at which the result of the election is declared undersection 94.

140. (1) A petition complaining of an undue return or undue election of aMember of Parliament or a member of a local council, in this Act called anelection petition, may within twenty-one days from the date of the publication ofthe result of the election in the Gazette be presented to a Judge of the HighCourt by any one or more of the following persons:-

(a) A person who voted or had a right to vote at the election to which feepetition relates;
(b) A person who claims to have had a right to be returned or elected at theelection; or
(c) A person who alleges himself to have been a candidate at that election.
(2) A person presenting an election petition shall forthwith deliver a copy ofit to the Electoral Commission.
141. (1) Every electionpetition shall be tried by a Judge of the High Court in open court.

(2) During the trial of an election petition, the High Court may order-
(a)The inspection and production of any rejected ballot papers;
(b)The opening of a sealed packet of counterfoils of used ballot papers; or
(c)The inspection of any counted ballot papers; but in making and carrying intoeffect the order, care shall be taken that the way in which the vote of aparticular person has been given shall not be disclosed until it has beenproved that his vote was given and the vote has been declared by the High Courtto be invalid.
(3) At the conclusion of the trial, the High Court shall determine whether theperson whose return or election is complained of was duly returned or elected,or whether the election was void, and shall certify that determination asprovided in subsection (2) of section 136 where the question decided concernsan election to Parliament and where the election concerns an election to alocal council, the High Court shall certify its determination to the ElectoralCommission and to the Minister responsible for local government.