Section 11
Section 12
Section 13
provision includes the infirm, the elderly and those incarcerated.
These should be considered for future amendments to the Act
This section amends section 93 of the Principal Act, in relation to
The addition of the words, “without interfering in or disrupting the
roving political party agents, by the deletion of "shall have the
conduct of the poll,” is open to various interpretations. Whilst the
authority to enter and move through a polling station” and the
amendment seeks to impose a duty upon roving political party
substitution of "shall, without interfering in or disrupting the
election agents not to disrupt polling in the exercise of their powers
conduct of the poll at the polling station, have the authority to
and privileges to enter any polling station it may be used to stifle an
enter and move through a polling station".
agent from legitimately engaging with the polling officers on issues
requiring attention .The amendment appears retrogressive and in
conflict with Section 155 of the Constitution that provides for
transparency in electoral processes.
The Section amends section 110 of the Principal Act in relation to
This amendment is progressive as it clarifies the previous provision
the determination and declaration of result of election to office
which was open to various interpretations on how and when the
of President. It now provides that, In accordance with section 94 of President assumes office after an election.
the Constitution, a person elected as President assumes office
when he or she takes, before the Chief Justice or the next most
senior judge available, the oath of President in the form set out in
the Third Schedule to the Constitution."
The Section amends section 173 of the principal Act in relation to
This provision amendment was necessitated by the introduction of
the procedure where the Electoral Court reports cases of corrupt
the National Prosecution Authority headed by the Prosecutor
practices or illegal practices by the deletion of ''Attorney-General" General (PG) as provided for by Section 258 and Section 259 of the
and the substitution of "Prosecutor-General".
Constitution. The PG is now responsible for all prosecutions whilst a
separate office of the Attorney General was established via Section
114 with the responsibility of acting as the principal legal adviser to
the government. This amendment bring the Electoral Act in line with
the Constitution
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