Results.
23 documents found.
|
|
|
|
|
Section 100 petition confined to Commission‑decided complaints; one unsigned result sheet found but did not affect election, petition dismissed.
-
Election law — Section 100 appeal limited to matters decided by the Commission; scope of election petitions; irregularity defined as non‑compliance with the Act; presiding officer’s signature mandatory on result sheets; criminal electoral offences (handouts, unlawful campaigning) are for criminal process and require conviction before affecting election outcome; burden of proof on petitioner on balance of probabilities.
|
|
Judgment |
11 November 2025 |
|
Application dismissed for being commenced in the wrong procedural form; election challenges require petition or Form 86A originations.
-
Election procedure — Mode of commencement — Petition under PPLGEA or judicial review by originating motion (Form 86A); CPR cannot add modes; procedural irregularity fatal.
|
|
Judgment |
10 September 2025 |
|
Claimant lacked a cognisable right and sufficient interest to seek judicial review of the appointment; application dismissed and costs awarded.
-
Judicial review — permission stage — Order 19 rule 20 requirements — must show a right, interest or legitimate expectation affected and sufficient locus standi; speculative future grievances non-justiciable; interlocutory injunction falls away where permission denied; costs follow the event.
|
|
Judgment |
20 August 2025 |
|
|
|
Election Document |
5 February 2025 |
|
|
|
Election Document |
15 November 2024 |
|
|
|
Election Document |
8 November 2024 |
|
Whether requiring NRB-issued registration as proof for voter registration unlawfully restricts the applicant's right to vote.
-
Electoral law — Voter registration — Proof of eligibility — Section 12 Elections Act requiring NRB registration as proof — Franchise under section 77 Constitution — Interlocutory injunction — Separation of powers.
|
|
Judgment |
25 October 2024 |
|
Registrar rejects originating summons as procedurally defective, abusive, and brought by a claimant lacking standing.
|
|
Judgment |
9 October 2024 |
|
|
|
Judgment |
21 April 2021 |
|
Leave to appeal was granted while the court condemned counsel’s insertion of a misleading postscript and unprofessional post-judgment conduct.
-
Electoral law — fresh elections — use of previous voters’ roll and eligibility of candidates; Civil procedure — joinder of affected parties before judgment; appellate procedure — leave to appeal; Professional conduct — inadmissibility of postscripts in formal orders and improper post-judgment audience requests.
|
|
Judgment |
21 February 2021 |
|
Court annulled parliamentary result due to substantial electoral irregularities and the Electoral Commission’s failure to remedy complaints.
-
Election law — Parliamentary and Presidential Elections Act — irregularities (section 3) — unsigned/altered tally sheets (section 93(1)(b)) — unlawful assistance/coaching of voters (section 87) — premature opening of ballot boxes (section 92(1)) — failure of Electoral Commission to handle complaints (sections 97, 98, 113) — annulment and fresh election ordered.
|
|
Judgment |
22 June 2020 |
|
Court annulled presidential return for pervasive procedural irregularities, held majority means 50%+1 of votes cast, ordered fresh election and costs against the Commission.
-
Electoral law — burden and standard of proof in election petitions (prima facie burden on petitioner; evidential shift to Commission on balance of probabilities) — irregularities (Tippex/altered, duplicate/fake/uncustomised/reserve/unsigned tally sheets; unlawful Constituency Tally Centres; unresolved complaints) — Commission's quasi-judicial complaints power non-delegable — interpretation of 'majority of the electorate' (section 80(2)) as 50% + 1 of votes cast — Attorney General's role in constitutional referrals.
|
|
Judgment |
8 May 2020 |
|
|
|
Judgment |
18 February 2020 |
|
Court found pervasive irregularities in election administration, nullified the presidential result and ordered fresh elections within 150 days.
-
Electoral law — presidential election — management of polling, tallying and transmission — use of duplicate, tippexed and altered Form 66C tally sheets — preservation of polling records — role and duties of Electoral Commission under sections 76, 77 and 119 PPEA — standard and burden of proof in electoral petitions — interpretation of "majority of the electorate" under section 80(2) of the Constitution (majority = 50% + 1 of valid votes cast) — remedy: nullification and fresh election.
|
|
Judgment |
3 February 2020 |
|
Petitioner proved tampering and procedural failures that affected the result; court nullified election and ordered a re-run.
-
Election law — Section 114 PPEA — election petition and burden of proof; electoral irregularities and tampering; duty to supply duplicate signed polling-station result sheets (s.93 PPEA); failure of Electoral Commission to produce official tally records; nullification and order for re-run.
|
|
Judgment |
20 December 2019 |
|
Petitioner failed to prove electoral irregularities or that proven tallying errors affected the parliamentary election outcome.
-
Electoral Law — Election Petitions — Irregularities and Undue Return — Burden on Petitioner to Prove Irregularities Affected Result — PPE ss100, 113
-
Electoral Administration — Counting and Tallying — Unaccounted Ballots/Tally Errors — Negligence Must Be Shown To Have Affected Overall Result
|
|
Judgment |
29 July 2019 |
|
Applicant failed to prove prohibited post‑campaign activity or tally irregularities that affected the election result; petition dismissed.
-
Electoral law — election petition under s100 — alleged post‑campaign campaigning and inducements — alleged tally/result irregularities — burden and standard of proof (balance of probabilities) — petitioner failed to prove irregularities affected result — petition dismissed.
|
|
Judgment |
9 July 2019 |
|
Applicant failed to prove accreditation, labelling, or counting irregularities affected the election result on a balance of probabilities.
-
Electoral law — monitors’ accreditation and identity documents — polling-station procedure — stream labelling and alleged campaigning — ballot display and counting procedure — requirement to make written complaints — burden of proof on balance of probabilities.
|
|
Judgment |
7 July 2019 |
|
A petition filed after the seven-day period under section 100 was held time-barred and dismissed; local government claims belong under the Local Government Elections Act.
-
Election law — limitation period for election petitions — s100 Parliamentary and Presidential Elections Act is mandatory and not extendable by court; s114 appeals require reasonable time though no statutory limit; local government election petitions governed by Local Government Elections Act.
|
|
Judgment |
27 June 2019 |
|
A parliamentary election petition grounded on sections 100 and 114(1) was misconceived; s100 applies only to presidential petitions and s114(1) requires a Commission decision on irregularity.
-
Electoral law — Parliamentary elections — Proper statutory basis for election petitions — Section 100 applies only to Presidential petitions; Section 114(1) permits appeals only against Commission decisions confirming or rejecting irregularities; failures under section 113 may require judicial review, not appeal under s114.
|
|
Judgment |
13 June 2019 |
|
The applicant's election petition was dismissed as time-barred; broadcast declaration triggered the seven-day filing period.
-
Electoral law — Time limits for election petitions — Interpretation of section 100(1) PPE Act — Computation of time (General Interpretation Act s45) — Effect of section 99 publication requirements on commencement of limitation period — Declaration by broadcast sufficient to trigger time limit.
|
|
Judgment |
4 July 2014 |
|
The applicant failed to show alleged tally-sheet tampering likely affected the result; recount denied and petition dismissed.
-
Election law — Parliamentary and Presidential Elections Act s114(4) — requisites for recount; burden of proof (balance of probabilities); s93(2) entitlement to copies of tally summaries; parallel vote tabulation admissibility and reliability; electoral transparency and safeguards for tally-sheet alterations.
|
|
Judgment |
3 July 2014 |
|
A statutory university lecturer is not a civil servant for eligibility disqualification; leave of absence is not resignation.
-
Election law — candidate eligibility — "public office" defined narrowly as civil service — university lecturers not civil servants — leave of absence v. resignation — s51(2)(e) Constitution; s40 Parliamentary and Presidential Elections Act.
|
|
Judgment |
28 March 2014 |