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Section 28 of County Governments Act: Petition for recall

    

(1) A recall under section 27 shall be initiated by a petition which shall be file with the Independent Electoral and Boundaries Commission and which shall be—
(a) in writing;
(b) signed by a petitioner who—
(i) is a voter in the Ward in respect of which the recall is sought; and
(ii) was registered to vote in the election in respect of which the recall is sought;
(c) accompanied by an order of the High Court issued in terms of section 27(3).
(2) The petition referred to in subsection (1) shall—
(a) specify the grounds for the recall as specified under section 27(2);
(b) contain a list of such number of names of voters in the Ward which shall represent at least thirty percent of the registered voters in that Ward; and
(c) be accompanied by the fee prescribed for an election petition.
(3) The list of names referred to in subsection (2)(b) shall contain the names, address, voter card number, national identity card or passport number and signature of the voters supporting the petition.
(4) The voters supporting a petition under subsection (3) shall represent the diversity of the people in the Ward.
(5) The petitioner shall collect and submit to the Commission the list of names under subsection (2)(b) within a period of thirty days after filing the petition.
(6) The Commission shall verify the list of names within a period of thirty days of receipt of that list.
(7) The Commission, if satisfied that the requirements of this section are met, shall within fifteen days after the verification, issue a notice of the recall to the speaker of the county assembly.
(8) The Commission shall conduct a recall election within the Ward within ninety days of the publication of the question.

« Previous:   Section 27 - Recall of a county assembly member          Next: »   Section 29 - Recall elections

Disclaimer: This document is not to be taken as legal advise.

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