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Title
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Date
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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.
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Judgment |
11 November 2025 |
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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.
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Judgment |
10 September 2025 |
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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.
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Judgment |
20 August 2025 |
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Election Document |
5 February 2025 |
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Election Document |
15 November 2024 |
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Election Document |
8 November 2024 |
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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.
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Judgment |
25 October 2024 |
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Registrar rejects originating summons as procedurally defective, abusive, and brought by a claimant lacking standing.
:[
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Judgment |
9 October 2024 |
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Judgment |
21 April 2021 |
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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.
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Judgment |
21 February 2021 |
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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.
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Judgment |
22 June 2020 |
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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.
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Judgment |
8 May 2020 |
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Judgment |
18 February 2020 |
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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.
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Judgment |
3 February 2020 |
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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.
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Judgment |
20 December 2019 |
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Whether alleged electoral irregularities and post‑campaign inducements invalidated the MP election and whether the Electoral Commission neglected its duties.
Election law – Parliamentary and Presidential Elections Act (PPE) – burden of proof on petitioner to prove irregularities and effect on result; Electoral Commission duties under s.76 Constitution and s.113 PPE; accreditation and role of party monitors; proved tallying negligence at a single polling station (Emazwini) but no prejudice to final result; annulment/re‑run requires proof of substantial effect on result
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Judgment |
29 July 2019 |
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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.
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Judgment |
9 July 2019 |
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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.
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Judgment |
7 July 2019 |
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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.
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Judgment |
27 June 2019 |
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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.
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Judgment |
13 June 2019 |
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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.
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Judgment |
4 July 2014 |
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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.
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Judgment |
3 July 2014 |
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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.
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Judgment |
28 March 2014 |