39. Subsector election may be questioned only by appeal to Revising Officer
(1) A person claiming to be a candidate at a subsector election may appeal against the result to a Revising Officer in accordance with the regulations.
(2) An appeal under subsection (1) may be lodged only during the period of 7 days following the date on which the Returning Officer has published in the Gazette the result being appealed against.
(3) Any person whose election is questioned by an appeal under this section and the Returning Officer in respect of the subsector election concerned may be made a respondent to the appeal.
(4) At the hearing of the appeal, the appellant is entitled to appear in person and, whether or not the appellant appears in person, to be represented by a legal practitioner or any other person.
(5) At the end of a hearing, the Revising Officer shall determine whether the person whose election is questioned was or was not duly elected.
(6) The determination of the Revising Officer on such an appeal is final.
PART 5
Final Register of Members of Election Committee
40. Electoral Registration Officer to compile and publish final register
(1) The Electoral Registration Officer shall compile and publish in accordance with the EAC Regulations a final register of members of the Election Committee within 7 days after the results of the subsector ordinary elections are published under section 35.
(2) The Electoral Registration Officer shall also compile and publish in accordance with the EAC Regulations a final register of members of the Election Committee within 7 days after the result of a subsector by-election is published under section 35.
(3) The Electoral Registration Officer shall also compile and publish in accordance with the EAC Regulations a final register of members of the Election Committee within 7 days after a nominee under section 7(2) is declared as a member of the Election Committee under section 7, unless the period during which the nomination under section 7(2) is to be made and the nomination period for a subsector by-election coincide or partly coincide.
(4) If—
- (a) the Electoral Registration Officer has compiled and published a provisional register of members of the Election Committee under section 4;
- (b) the Electoral Affairs Commission has ascertained under section 5(1)(a) the number of members representing each subsector (other than a subsector specified in items 1 and 2 of Table 4 in section 2) on the Election Committee; and
- (c) the number of members representing each subsector on the Election Committee so ascertained is equal to the number of members allocated to the subsector in accordance with section 2(6),
the Electoral Registration Officer shall, as soon as practicable after the Electoral Affairs Commission’s ascertainment, publish in accordance with the EAC Regulations the provisional register as a final register of members of the Election Committee.
41. Electoral Registration Officer to amend final register to give effect to change in ex-officio membership
(1) The Electoral Registration Officer may from time to time amend the final register of members of the Election Committee in accordance with this section and the EAC Regulations to give effect to any change in the ex-officio membership of the Election Committee.
