ADVOKS GLOBAL · KENYA
Elections Act
78. Security for costs.
Edition: 2022-12-31 · In force
78. Security for costs.
(1)A petitioner shall deposit security for the payment of costs that may become payable by the petitioner not more than ten days after the presentation of a petition under this Part.(2)A person who presents a petition to challenge an election shall deposit—(a)one million shillings, in the case of a petition against a presidential candidate;(b)five hundred thousand shillings, in the case of petition against a member of Parliament or a county governor; or(c)one hundred thousand shillings, in the case of a petition against a member of a county assembly.(3)Where a petitioner does not deposit security as required by this section, or if an objection is allowed and not removed, no further proceedings shall be heard on the petition and the respondent may apply to the election court for an order to dismiss the petition and for the payment of the respondent's costs.(4)The costs of hearing and deciding an application under subsection (3) shall be paid as ordered by the election court, or if no order is made, shall form part of the general costs of the petition.(5)An election court that releases the security for costs deposited under this section shall release the security after hearing all the parties before the release of the security.