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Elections Act

96. Practice procedure and security for costs.

Edition: 2022-12-31 · In force

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96. Practice procedure and security for costs.

(1)Subject to the provisions of section 98, the Rules Committee as constituted under the Civil Procedure Act (Cap. 21), may make rules generally to regulate the practice and procedure of the High Court with respect to the filing and trial of election and referendum petitions, including rules—
(a)specifying—
(i)the time within which any requirement of the rules is to be complied with;
(ii)the costs of and incidental to the filing and the trial of an election and referendum petition; and
(iii)the fees to be charged in respect of proceedings of an election and referendum petition; and
(b)generally with regard to any other matter relating to an election and referendum petition as the Chief Justice may deem necessary.
(2)A petitioner shall deposit one million shillings as security for costs of a petition presented under this Act, within ten days of presenting the petition.
(3)Where a petitioner does not deposit security for costs as required under this section after presenting of a referendum petition the referendum petition shall be struck out.
(4)The High Court may make such order as to costs as it may deem fit and just in respect of any referendum petition dismissed under this section.[Act No. 47 of 2012, Sch.]
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Source: Kenya Law