Local Government Elections Tribunals Rules, 2026

Statutory Instrument 32 of 2026

Local Government Elections Tribunals Rules, 2026

This is the latest version of this Statutory Instrument.

Citation: Statutory Instrument 32 of 2026
Primary work: Electoral Process Act, 2016
Date: 15 May 2026
Language: English
Published in: Supplement to Government Gazette 7922 on 15 May 2026 (24.1 MB)

Local Government Elections Tribunals Rules, 2026

Statutory Instrument 32 of 2026

Published in Supplement to Government Gazette 7922 on 15 May 2026
Assented to on 11 May 2026
Commenced on 11 May 2026
[This is the version of this document from 15 May 2026.]

In Exercise of the powers contained in section 102 of the Electoral Process Act, the following Rules are made:

Part I – Preliminary provisions

1. Title

These Rules may be cited as the Local Government Elections Tribunals Rules, 2026.

2. Interpretation

In these Rules, unless the context otherwise requires—"election petition" means an election petition relating a local government election;“Commission” has the meaning assigned to the word in the Act;“councillor” has the meaning assigned to the word in the Constitution;[Cap. 1]“Emoluments Commission” has the meaning assigned to the words in the Constitution;[Cap. 1]“legal practitioner” has the meaning assigned to the word “practitioner” in the Legal Practitioners Act;[Cap. 30]“legally disqualified” means the absence of legal capacity as provided under section 4 of the Mental Health Act;[Cap. 305]“member” means a member of a tribunal;“nomination petition” means a nomination petition relating to a local government election;“petitioner” means—(a)in relation to an election petition, a person who signs and presents an election petition and includes a person substituted for a petitioner; and(b)in relation to a nomination petition, a person who signs and presents a nomination petition;“register” means the register kept and maintained in accordance with rule 6;“respondent” means a person against whom an election petition or a nomination petition is filed in accordance with the Act and these Rules;“Secretary” means the person appointed as Secretary in accordance with rule 6;“the Roll” has the meaning assigned to the words in the Legal Practitioners Act; and "tribunal” has the meaning assigned to the word in the Act.[Cap. 30]

Part II – Admission of Tribunal

3. Jurisdiction

A tribunal has power to hear and determine a nomination petition or election petition within the province for which the tribunal is constituted. Members of tribunal

4. Members of Tribunal

(1)A member shall be appointed by the Chief Justice on terms and conditions as may be specified in a letter of appointment.

(2)A person shall not be appointed as a member if that person is—

(a)an undischarged bankrupt;

(b)legally disqualified from performing the functions of a member;

(c)convicted of an offence under any written law and sentenced to imprisonment for a term exceeding six months, without the option of a fine; or

(d)convicted of an offence involving fraud or dishonesty under any written law.

5. Tenure of office and vacancy

(1)Subject to sub-rule (2), a member shall hold office for the period for which a tribunal is established and is eligible for re-appointment as a member.

(2)The office of a member becomes vacant if the member—

(a)dies;

(b)resigns by notice, in writing, to the Chief Justice;

(c)is absent, without reasonable excuse, from three consecutive sittings of a tribunal of which the member had notice;

(d)is adjudged bankrupt;

(e)is legally disqualified from performing the functions of a member;

(f)is convicted of an offence under any written law and sentenced to imprisonment for a term exceeding six months, without the option of a fine;

(g)in the case of a magistrate, ceases to be a magistrate;

(h)in the case of a legal practitioner, is—

(i)suspended from practising as a legal practitioner; or

(ii)struck-off the Roll.

(3)Where the office of a member becomes vacant before the expiry of the term for which a tribunal was established, the Chief Justice may appoint another member in place of the member who vacates office, but that member shall hold office only for the unexpired term of the tribunal.

6. Secretary

(1)There shall be a Secretary of a tribunal who shall be appointed by the Chief Justice.

(2)The Secretary of a tribunal shall—

(a)receive nomination petitions and election petitions;

(b)issue summonses to witnesses;

(c)keep a record of the proceedings of a tribunal;

(d)keep and maintain, or cause to be kept and maintained, a register of the orders and judgments of a tribunal;

(e)have custody and keep an account of the fees and other monies payable, or paid, to the tribunal;

(f)keep or cause to be kept proper accounts of the tribunal; and

(g)perform any other function as may be conferred under any other written law.

(3)The Chief Justice may appoint other staff of a tribunal that may be necessary for the performance of the functions of that tribunal.

Part III – Nomination petitions

7. Petition to challenge nomination

(1)A person may file a nomination petition within seven days of the close of nominations in Form I set out in the First Schedule on payment of a fee set out in the Second Schedule.

(2)A nomination petition referred to under sub-rule (1) shall disclose the—

(a)petitioner's name and address;

(b)facts relied on;

(c)provisions of the Constitution or any other written law relied on; and[Cap. 1]

(d)relief sought by a petitioner.

(3)A nomination petition referred to under sub-rule (1) shall be supported by an affidavit verifying facts.

(4)A nomination petition referred to under sub-rule (1) may be accompanied by—

(a)skeleton arguments of not more than ten pages in font size 12 with double spacing;

(b)a list of authorities and copies of those authorities;

(c)list and description of documents; and

(d)bundle of documents.

(5)A petitioner shall, within twenty four hours of filing a nomination petition referred to under sub-rule (1), serve that nomination petition on a respondent.

(6)Subject to rule 16, service of a nomination petition under sub-rule (5) shall be personally effected on a respondent.

(7)A petitioner shall prove service of a nomination petition under sub-rule (5) by filing an affidavit of service.

8. Answer to nomination petition

(1)A respondent may, within two days of receipt of a nomination petition referred to under rule 7, respond to the nomination petition by filing an answer in Form II set out in the First Schedule on payment of a fee set out in the Second Schedule.

(2)An answer referred to under sub-rule (1) shall be supported by an affidavit verifying facts.

(3)An answer referred to under sub-rule (1) may be accompanied by—

(a)skeleton arguments of not more than ten pages in font size 12 with double spacing;

(b)a list of authorities and copies of those authorities;

(c)list and description of documents; and

(d)bundle of documents.

(4)A respondent shall, within twenty four hours of filing an answer referred to under sub-rule (1), serve that answer on the petitioner.

(5)A respondent shall prove service of an answer under sub-rule (4) by filing an affidavit of service.

(6)A petitioner may, within twenty-four hours of being served with an answer under sub-rule (4), file a reply.

(7)A reply referred to under sub-rule (6), shall only respond to the issues raised in the answer filed under subrule (1).

(8)A petitioner shall, within twenty-four hours of filing a reply, serve that reply on the respondent.

(9)A petitioner shall prove service of a reply under sub-rule (8) by filing an affidavit of service.

9. Determination of nomination petition

A tribunal shall hear and determine a nomination petition, in open public venues, within twenty-one days from the date of filing the nomination petition.

10. Appeal against decision of tribunal on nomination petition

An appeal shall not lie against the decision of a tribunal in respect of a nomination petition.

Part IV – Election petitions

11. Petition to challenge nomination

(1)A person may file an election petition within seven days of the date on which the result of an election is declared in Form III set out in the First Schedule on payment of a fee set out in the Second Schedule.

(2)An election petition referred to under sub-rule (1) shall disclose the —

(a)petitioner’s name and address;

(b)facts relied on;

(c)provisions of the Constitution or any written law relied on; and

(d)relief sought by a petitioner.

(3)An election petition referred to under sub-rule (1) shall be supported by an affidavit verifying facts.

(4)An election petition referred to under sub-rule (1) may be accompanied by—

(a)skeleton arguments of not more than ten pages in font size 12 with double spacing;

(b)a list of authorities and copies of those authorities;

(c)list and description of documents; and[Cap. 1]

(d)bundle of documents.

(5)A petitioner shall, within two days of filing an election petition referred to under sub-rule (1), serve that election petition on a respondent.

(6)Subject to rule 16, service of an election petition referred to under sub-rule (1) shall be personally effected on a respondent.

(7)A petitioner shall prove service of an election petition under sub-rule (5) by filing an affidavit of service.

(8)Subject to the Act, a petitioner shall, within five days of filing an election petition, deposit security for costs not exceeding eight thousand fee units as the tribunal may order.

(9)Where a petitioner fails to deposit security for costs under sub-rule (8), a tribunal shall not hear and determine an election petition or any other proceedings relating to that election petition.

12. Answer to election petition

(1)A respondent may, within two days of receipt of an election petition referred to under rule 11, respond to the election petition by filing an answer in Form II set out in the First Schedule on payment of a fee set out in the Second Schedule.

(2)An answer referred to under sub-rule (1) shall be supported by an affidavit verifying facts.

(3)An answer referred to under sub-rule (1) may be accompanied by—

(a)skeleton arguments of not more than ten pages in font size 12 with double spacing;

(b)a list of authorities and copies of those authorities;

(c)list and description of documents; and

(d)bundle of documents.

(4)A respondent shall, within twenty-four hours of filing an answer referred to under sub-rule (1), serve that answer on the petitioner.

(5)A respondent shall prove service of an answer under subrule (4) by filing an affidavit of service.

(6)A petitioner may, within twenty four hours of being served with an answer under sub-rule (4), file a reply.

(7)A reply referred to under sub-rule (6), shall only respond to the issues raised in the answer filed under sub-rule (1).

(8)A petitioner shall, within twenty four hours of filing a reply, serve that reply on the respondent.

(9)A petitioner shall prove service of a reply under sub-rule (8) by filing an affidavit of service.

13. Determination of election petition

A tribunal shall hear and determine an election petition, in open public venues, within thirty days from the date of filing the election petition.

14. Appeal to Constitutional Court

A person who is dissatisfied with the decision of a tribunal in an election petition may, within fourteen days of the decision, appeal to the Constitutional Court.

Part V – Election petitions

15. Evidence

Evidence shall not be stated in a nomination petition or an election petition.

16. Substituted service of petition

(1)A petitioner may, where the petitioner is unable to effect personal service of a nomination petition or election petition in accordance with rule 7(6) and rule 11 (6) apply to a tribunal for an order to effect substituted service.

(2)A tribunal may, on an application made under sub-rule (1), order that service be effected by—

(a)a registered letter addressed to the respondent at the postal address declared in the nomination paper;

(b)publication in a daily newspaper of general circulation in the Republic; or

(c)electronic mail.

17. Scheduling conference

(1)A tribunal shall, within five days of the filing of a nomination petition or an election petition, summon the parties to a scheduling conference.

(2)A tribunal shall, at a scheduling conference referred to under sub-rule (1), issue directions or orders—

(a)that the tribunal considers necessary; and

(b)which shall be strictly adhered to by the parties.

(3)A tribunal shall, at a scheduling conference—

(a)set a date for—

(i)a status conference; and

(ii)the hearing of a nomination petition or an election petition as the case may be; and

(b)determine any outstanding issues.

18. Status conference

A tribunal shall, at a status conference referred to under rule 17(3)—

(a)confirm compliance of directions or orders issued under rule 17(2); and

(b)determine any outstanding issues.

19. Particulars

A tribunal may order the parties to provide particulars necessary, or exclude particulars which are unnecessary, for purposes of ensuring a fair hearing.

20. Time and place of hearing

(1)A tribunal shall determine the time and place of hearing of a nomination petition or an election petition.

(2)The secretary shall give a notice of hearing to the parties before the date set for the hearing of a nomination petition or an election petition.

21. Appearance before tribunal

A person appearing as a party before a tribunal may appear in person or be represented by a legal practitioner.

22. Default of appearance

(1)A tribunal may, where a petitioner does not appear at the time and place appointed for the hearing of a nomination petition or an election petition, strike-off or dismiss the nomination petition or election petition.

(2)A petitioner may, where a nomination petition or an election petition is struck off under sub-rule (1), within two days of the nomination petition or election petition being struck off, apply to a tribunal to restore the nomination petition or election petition, failing which the nomination petitioner election petition shall stand dismissed.

(3)A tribunal shall restore a nomination petition or an election petition where a tribunal is satisfied that an application under subrule (2) has merit.

(4)A tribunal may, where a respondent does not appear at the time and place appointed for the hearing of a nomination petition or an election petition—

(a)proceed to hear the nomination petition or election petition; or

(b)adjourn the hearing on terms that a tribunal considers appropriate.

23. Tribunal hearing

At the hearing of a nomination petition or election petition—

(a)the petitioner shall present the evidence on which the nomination petition or election petition is based;

(b)the respondent may adduce evidence to rebut the evidence of the petitioner; and

(c)the parties may, at the conclusion of the hearing, present oral or written submissions to a tribunal within a period that the tribunal may direct.

24. Evidence before tribunal

(1)A tribunal may receive, as evidence, a statement, document, information or other matter that may assist the tribunal to deal effectively with a nomination petition or an election petition.

(2)A tribunal may take judicial notice of any fact.

(3)Evidence before a tribunal may be given orally or, if the parties to the proceedings consent or the tribunal so orders, by affidavit.

(4)A tribunal may, at any stage of the proceedings, make an order requiring the personal attendance of a deponent for examination and cross examination.

25. Interlocutory applications

(1)A petitioner or respondent may make an interlocutory application to be heard and determined by a tribunal.

(2)An interlocutory application referred to under sub-rule (1) shall—

(a)be made in writing;

(b)state the title of the proceedings; and

(c)state the grounds on which the application is made.

(3)A party may object to an interlocutory application within two days after service of the application on the party.

(4)A party who objects to an interlocutory application under sub-rule (3) shall send a written notice of the objection to the applicant and secretary.

(5)A tribunal shall hear the parties to the application before making an order on an interlocutory application.

(6)A tribunal shall, where a tribunal determines that an interlocutory application is frivolous or vexatious, dismiss the application and may order the applicant to pay the costs of the other party.

(7)An appeal shall not lie against a decision of the tribunal on an interlocutory application.

26. Consolidation of nomination petitions or election petitions

A tribunal shall, where more than one nomination petition or election petition is filed relating to the same nomination or election—

(a)consolidate the nomination petitions or election petitions; and

(b)hear and determine the petitions at the same time.

27. Adjournments

(1)A petitioner or respondent may apply to a tribunal to adjourn a hearing.

(2)A petitioner or respondent who intends to apply for an adjournment under sub-rule (1) shall, not less than five days before the date set for the hearing, file a notice of an intention to adjourn.

(3)A tribunal shall only grant an application for an adjournment in compelling and exceptional circumstances as the tribunal may determine.

28. Notice of intention to withdraw nomination petition or election petition

(1)Subject to the Act, a petitioner may, at any stage after a nomination petition or an election petition is filed but before conclusion of the trial and with leave of the tribunal, file, with the secretary, a notice of intention to withdraw the nomination petition or election petition.

(2)The notice referred to under subrule (1) shall—

(a)state the grounds on which the application is intended to be withdrawn;

(b)be in writing, signed by the petitioner, or by all the petitioners, if more than one; and

(c)state the name and address of the petitioner and respondent.

(3)A petitioner shall, within twenty-four hours of filing a notice of intention to withdraw a nomination petition or an election petition, serve that notice of intention on a respondent.

(4)A tribunal may grant a party leave to withdraw a nomination petition or election petition on terms that a tribunal may consider appropriate.

(5)An application for leave to withdraw a nomination petition or election petition shall be heard and determined within two days of the application being made.

(6)A notice of the date of hearing of an application to withdraw a nomination petition or an election petition shall—

(a)be given to the parties by the secretary; and

(b)in the case of an election petition, state that any person who has an interest in the hearing may apply to the tribunal to be substituted as the petitioner.

(7)An application by a person who has an interest under subrule (6) shall be supported by an affidavit stating that the applicant is qualified to be a petitioner.

(8)Where a petitioner withdraws a petition, that petitioner shall not be entitled to file a fresh petition in respect of the same nomination petition or election petition.

29. Commission as respondent

The Commission may be cited by a petitioner as a respondent in a nomination petition or an election petition.

30. Sitting

For purposes of these Rules, a sitting of a tribunal shall be a period for which a tribunal meets on a specific day to hear matters appearing on a cause list for that day.

31. Allowances of members and secretary

A member of a tribunal and the secretary shall be paid allowances that the Emoluments Commission may, on recommendation of the Chief Justice, determine.

32. Cost

A tribunal may make orders for costs as the tribunal may consider necessary.

33. Fees

The fees set out in the Second Schedule are payable for the matters specified in that Schedule.

34. Revocation of S.I. No. 60 of 2016

The Local Government Elections Tribunals Rules, 2016, are revoked.

First Schedule (Rules 7, 8, 11 and 12)

Prescribed forms

Form I (Rule 7(1))

Form II (Rule 8(1) and 12(1))

Form III (Rule 11(1))

Second Schedule (Rule 33)

Prescribed fees

No.	Item	Fees units
1.	On filing a petitio	2,780
2.	On filing an affidavit of s	30
3.	On commissioning affidav	100
4.	On filing ex-parte summons for application for substituted service	85
5.	On filing an affidavit	30
6.	On scaling ex-parte order or any Order made by the tribunal	60
7.	On filing an answer by the responden	230
8.	On filing notice of intention to withdraw	300
9.	On filing an application for restoration of a matter which has been struck out for non-attendance or any other reason	500
10.	On filing an interlocutory notice or Motion or application not specifically provided for	300
11.	On filing response to the interlocutory application	115
12.	On filing a notice of appeal to the Constitutional Court	835
13.	On filing a notice of cross appeal	835
14.	On filing an application for leave to appeal	230
15.	On every search per case	115
16.	On personal general searches in the register in case payable to for unspecified number of names in any one calendar year, in any register of the tribunal	2780
17.	For transcript of shorthand notes or otherwise recorded proceeding, per page or part of the proceeding	5
1.	On filing any notice not specifically provided for	100
2.	On filing bundles or supplementary bundle	280
3.	On filing a consent judgement or order	90
4.	On filing a notice of taxation of cost	115
5.	On filing a bill of costs for taxation	10 percent of the taxed bill
6.	On filing consent on agreed costs	5 percent of the agreed costs
7.	On filing a certificate of taxation	230
8.	On filing any certificate not specifically provided for	278

History of this document

15 May 2026 You are here

15 May 2026 You are here

Published in Supplement to Government Gazette 7922
11 May 2026

11 May 2026

Assented to

Commenced

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Local Government Elections Tribunals Rules, 2026

Statutory Instrument 32 of 2026

Local Government Elections Tribunals Rules, 2026

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Local Government Elections Tribunals Rules, 2026

Statutory Instrument 32 of 2026

Part I – Preliminary provisions

1. Title

2. Interpretation

Part II – Admission of Tribunal

3. Jurisdiction

4. Members of Tribunal

5. Tenure of office and vacancy

6. Secretary

Part III – Nomination petitions

7. Petition to challenge nomination

8. Answer to nomination petition

9. Determination of nomination petition

10. Appeal against decision of tribunal on nomination petition

Part IV – Election petitions

11. Petition to challenge nomination

12. Answer to election petition

13. Determination of election petition

14. Appeal to Constitutional Court

Part V – Election petitions

15. Evidence

16. Substituted service of petition

17. Scheduling conference

18. Status conference

19. Particulars

20. Time and place of hearing

21. Appearance before tribunal

22. Default of appearance

23. Tribunal hearing

24. Evidence before tribunal

25. Interlocutory applications

26. Consolidation of nomination petitions or election petitions

27. Adjournments

28. Notice of intention to withdraw nomination petition or election petition

29. Commission as respondent

30. Sitting

31. Allowances of members and secretary

32. Cost

33. Fees

34. Revocation of S.I. No. 60 of 2016

First Schedule (Rules 7, 8, 11 and 12)

Prescribed forms

Form I (Rule 7(1))

Form II (Rule 8(1) and 12(1))

Form III (Rule 11(1))

Second Schedule (Rule 33)

Prescribed fees

History of this document

Related documents

Revokes