ELECTORAL ACT ____________________________________________________________________________________ (7) Where, on the trial of an election petition, the Electoral Court determines that the respondent was not duly elected and is of the opinion, having regard to the circumstances, that it would be just and reasonable to relieve any party to the action from all or a portion of the costs thereof, then— (a) if the Electoral Court finds that the election of the respondent was due to a mistake or improper performance or failure of performance of any function bona fide made by any member of the Public Service or employee of the Commission, it may, after sufficient notice to the Minister or the Commission, as the case may be, to show cause to the contrary, make such order as to the payment from the Consolidated Revenue Fund or the funds of the Commission, as the case may be, of the costs of the action or portion thereof as it thinks fit; (b) if the Electoral Court finds that the election of the respondent was due to a mistake or improper performance or failure of performance of any function mala fide made by any member of the Public Service or employee of the Commission, it may, after sufficient notice to such member or employee, as the case may be, to show cause to the contrary, make such order as to the payment by such member or employee of the costs of the action or portion thereof as it thinks fit. (8) Notwithstanding any other provision of this section, the noting, within the time prescribed in rules of court, of an appeal against any determination or decision of the Electoral Court shall suspend such determination or decision until the abandonment or the final determination or dismissal of the appeal. (9) Except as otherwise provided in this Act, the procedure to be followed in regard to election petitions, including— (a) the provision of security for costs; and (b) the Court’s power to condone late filing; shall be the procedure applicable to court applications in the High Court. [Subsection inserted by s. 32 of Act No. 6 of 2018] 172 Appeals from decisions Electoral Court (1) A decision of the Electoral Court on a question of fact shall be final. (2) A decision of the Electoral Court on a question of law may be the subject of an appeal to the Supreme Court. (3) … [Subsection repealed by s. 33 of Act No. 6 of 2018] 173 Procedure where Electoral Court reports cases of corrupt practices or illegal practices If the Electoral Court states in the report on the trial of an election petition that any person has or may have been guilty of an electoral malpractice or that there is reason to believe that electoral malpractices, corrupt practices or illegal practices have extensively prevailed at the election to which the petition refers— (a) that statement, with the evidence taken at the trial, shall be transmitted by the registrar of the Electoral Court to the Prosecutor-General with a view to the institution of any prosecution proper to be instituted in the circumstances; and [Paragraph amended by Part VI of Schedule to Act No. 3 of 2016] (b) the report shall, so far as it concerns any such person, be transmitted by the registrar of the Electoral Court to the Commission. [Section as amended by s. 87 of Act No. 17 of 2007] 174 Witnesses (1) On the trial of an election petition— (a) any witness shall be summoned and sworn in the same manner as a witness may be summoned and sworn in civil proceedings before the High Court; 134