Elections Act

75. County election petitions.

Edition: 2022-12-31 · In force

75. County election petitions.

(1)A question as to validity of a election of a county governor shall be determined by High Court within the county or nearest to the county.

(1A)A question as to the validity of the election of a member of county assembly shall be heard and determined by the Resident Magistrate's Court designated by the Chief Justice.

(2)A question under subsection (1) shall be heard and determined within six months of the date of lodging the petition.

(3)In any proceeding brought under this section, a court may grant appropriate relief, including—

(a)a declaration of whether or not the candidate whose election is questioned was validly elected;

(b)a declaration of which candidate was validly elected; or

(c)an order as to whether a fresh election will be held or not.

(4)An appeal under subsection (1A) shall lie to the High Court on matters of law only and shall be—

(a)filed within thirty days of the decision of the Magistrate's Court; and

(b)heard and determined within six months from the date of filing of the appeal.

[Act No. 47 of 2012, Sch.]

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Source: Kenya Law