Number of levels of adjudication

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) Every electionpetition shall be heard by the court and, subject to the provisions of this Actand any rules of court made under the powers conferred by this section, everyelection petition shall, asnearly as circumstances admit, be presented, heard and determined according tothe law for the time being in force in England with respect to electionpetitions.

(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 shallbe final to all intents as to the matters at issue on the petition.

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