abasi mtemvu vs the returning officer for temeke constituency others 2016 tzca 874 21 september 2016
The petitioner failed to prove, to the required standard, that the alleged irregularities and non-compliances substantially affected the election results. The exclusion of a candidate was not in accordance with the law, but no evidence was adduced to show this affected the outcome. The petitioner did not produce material evidence to support his claims regarding missing forms and vote totals. The request for recounting was improperly handled by the first respondent, but this alone did not warrant nullification of the results.
Source excerpt
- Election irregularities
- Burden of proof in election petitions
- Vote recount procedures
- Candidate withdrawal
- Standard of proof in election petitions