ELECTORAL ACT (as amended at 24th January 2008)
(4) Where a charge is made in an election petition of an electoral malpractice having
been committed at the election to which the petition refers, the Electoral Court shall, in
addition to the certificate in terms of subsection (3), at the same time report in writing to the
President of the Senate or the Speaker of the House of Assembly, as the case may be—
(a) whether any electoral malpractice has or has not been proved to have been
committed by or with the knowledge and consent of a candidate at that election or
by or with the knowledge and consent of any of his or her agents, and the nature of
such electoral malpractice; and
(b) the names of all persons who have been proved at the trial to have been guilty of any
corrupt practice or illegal practice; and
(c) whether electoral malpractices have, or whether there is reason to believe electoral
malpractices have, extensively prevailed at the said election.
(5) The Electoral Court may, in addition to the certificate required in terms of subsection
(3), at the same time make a special report to the President of the Senate or the Speaker of the
House of Assembly, as the case may be as to any matter arising in the course of the trial,
including the commission or possible commission of any electoral malpractice, where the
Electoral Court considers that an account of such matter ought to be submitted to Parliament.
(6) A copy of every certificate and report made by the Electoral Court under this section
shall, as soon as possible, be presented by the President of the Senate or the Speaker of the
House of Assembly, as the case may be to Parliament.
(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.
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Appeals from decisions Electoral Court
(1) A decision of the Electoral Court on a question of fact shall be final.
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