ADVOKS GLOBAL · KENYA
Elections Act
89. Referendum petition.
Edition: 2022-12-31 · In force
89. Referendum petition.
(1)The conduct, result and validity of a referendum may be challenged by petition to the High Court.(2)A petition challenging the conduct, result or validity of a referendum shall—(a)set out the facts relied on to invalidate the referendum;(b)identify the specific matter or matters on which the petitioner relies as justifying the grant of relief;(c)contain a request for the relief to which the petitioner claims to be entitled; and(d)be filed in the High Court within twenty-one days of the publication of the notice of the results of the referendum in the Gazette.(3)A referendum petition may be presented on any of the following grounds—(a)in respect of the result of the voting in all the constituencies or in any one constituency, that corrupt practices prevailed at or in relation to the voting at the referendum in that constituency, or that there was an error or misconduct, whether by act or omission, on the part of a referendum officer; or(b)in respect of the declared result of the referendum, that there was an error in the counting or tallying of the votes cast in the referendum.