ELECTORAL ACT
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(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[Subsection repealed by s. 33 of Act No. 6 of 2018]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;
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