First instance body dealing with electoral disputes

PARLIAMENTACT, Principal Act No. 1950-15 Commencement date 21.7.1950 with Amending enactments (up till 28.6.2007).

PART I. PRELIMINARY.

Interpretation.

2. In this Act,unless the context otherwise requires–

(a)“court” means the Supreme Court;

PART IV. ELECTION PETITIONS

Grounds for petitioning.

53. (1) An election may be questioned by a petition (hereinafterreferred to as an “election petition”) on the ground–

(a) that offences under this Act committed in reference to the electionfor the purpose of promoting or procuring the election of a person thereat haveso extensively prevailed that they may reasonably be supposed to have affectedthe result;

(b) that the election was avoided by corrupt practices or offencesagainst this Act committed at the election;

(c) that the person whose election is questioned was at the time of theelection disqualified; or

(d) that he was not duly elected in accordance with the provisions ofthis Act.

(2) An election shall not be questioned on any of these grounds exceptby an election petition.

Application of English law.

54.(1) Everyelection petition shall be heard by the court and, subject to theprovisions of this Act and any rules of court made under the powers conferredby this section, every election petition shall, as nearly as circumstancesadmit, be presented, heard and determined according to the law for the timebeing in force in England with respect to election petitions.

(2) Rules for the regulation of the practice, procedure and costs ofelection petitions and the trial thereof may be made in the like manner asrules made under and for the purpose of the Supreme Court Act.

Trial of petitions.

57.(1) An election petition shall be heard in open court.

(2) At the conclusion of the trial the court shall determine whether theperson whose election is complained of, or any and if so, what other person wasduly elected, or whether the election was void and such determination shall be final to allintents as to the matters at issue on the petition.

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