Local Governments Act

Defines a set of terms used in the Act (for example: “byelaws”, “council”, “currency point”, “electoral area”, “full-time service”, “Government”, “immediate family”, “local council”, “local government”, “lower local government”, “Minister”, “Ministry”, “ordinance”, “Parliament”, “public officer”, “public service”, “registered voter”, “speaker”, “urban council”, and “ward”).

Lists the objectives of the Act, including decentralisation of functions and powers, democratic participation and control, gender‑sensitive local administrative setup, revenue sources and financial accountability, election of local councils, formation of interim councils and interim executive committees.

Specifies categories of local governments (district, city, municipality, town) and provides that the system is based on the district as a unit with lower local governments and administrative units.

The section treats a city as equivalent to a district and requires a city council to exercise the functions and powers of a district council within its area; it likewise treats a division as equivalent to a subcounty and requires it to exercise the subcounty's relevant functions and powers.

Municipal and town councils must serve as lower local governments of the district where they are located, subject to article 197 of the Constitution and section 79 of this Act.

Every local government council must be a body corporate with perpetual succession and a common seal, and may sue or be sued in its corporate name.

Various local government bodies may, subject to specified approvals and consultations, alter the boundaries of or create lower- or higher-level local government units; the authority refusing required approval must give written reasons.

Two or more district councils may cooperate in culture and development, form and support councils, trust funds or secretariats; a local government council may concur with another council to appoint a joint committee on shared matters.

District councils must consist of specified members including the district chairperson, directly elected and special representatives (youth, persons with disabilities), and women councillors making up one-third of the council.

District councils must elect a speaker and deputy speaker from among council members by secret ballot; elections require more than 50% of votes, with runoff rules; council may remove them by a two‑thirds resolution for specified grounds; the speaker has specified duties and the office falls vacant on resignation, appointment to public office, or death.

There shall be a district chairperson who shall be the political head of the district, elected by universal adult suffrage through a secret ballot, and who must meet specified eligibility and residence requirements.

The district chairperson has duties including presiding over the district executive committee, monitoring administration and council decisions, coordinating lower local governments, overseeing government-employed service providers, coordinating government functions with central government, upholding the Constitution and laws, promoting citizens' welfare, reporting to the council at least once a year, and may exercise functions directly or through subordinates.

The council may remove the chairperson from office by a resolution supported by two‑thirds of all council members on specified grounds; notices, tribunal or medical board inquiries, transmission deadlines and hearing rights are prescribed.

The chairperson of a city must carry the title of mayor.

Each district council must have an executive committee that performs the council's executive functions; the council determines up to five secretaries, at least one secretary must be female, and the chairperson must assign a secretary responsible for health and children welfare.

The district executive committee must perform several functions including initiating and formulating policy for council approval; overseeing and coordinating policy implementation and NGO activities; monitoring council programmes and taking remedial action; recommending appointments to various boards and committees; resolving disputes from lower councils; evaluating council performance annually; and performing other duties authorised by the council or law.

The chairperson nominates the vice chairperson and secretaries from council members; the vice chairperson must be approved by two‑thirds of members and the secretaries by a majority; the vice chairperson deputises for the chairperson and assumes office if the chairperson dies, resigns or is removed until a new election held within six months.

Chairperson, vice chairperson and secretaries must serve full-time for the council; they must be paid emoluments per the First Schedule; district executive committee members must not hold offices of profit likely to compromise their office.

The office of a member of the district executive committee becomes vacant if any of the listed events occur (revocation by the chairperson; election as speaker or deputy speaker; resignation; disqualification; death; a vote of censure by the council; or a new chairperson assuming office).

A council may pass a vote of censure against a district executive committee member if supported by not less than half the council; proceedings are initiated by a petition signed by not less than one-third of members; the chairperson must give the member a copy of the petition on receipt; the motion cannot be debated until 14 days after the petition is sent; the member is entitled to be heard during the debate.

District council may appoint standing committees (within the number of secretaries) for efficient performance; committee chairs and members are elected by simple majority from council members not on the executive; council members may not belong to more than one committee; district executive members or non-committee councillors may attend committee proceedings but cannot vote or claim allowances.

Prescribes the composition of several lower local government councils (subcounty, city division, municipal, municipal division and town), listing required chairperson/mayor and councillors including youth and persons with disabilities, and a requirement that women councillors form one-third of the subcounty council.

A chairperson of a lower government council has specific duties including acting as political head, presiding at meetings, monitoring administration and services, performing necessary incidental functions, upholding laws, promoting citizen welfare, and being answerable to the local council.

A lower local government council must have an executive committee nominated by the chairperson and approved by a simple majority of the council; the committee includes the chairperson, vice chairperson and up to five secretaries; the chairperson must assign one secretary to be responsible for health and children welfare.

A lower local government executive committee must supervise implementation of council policies and perform specific functions listed in subclauses (a)–(k).

Members of Parliament or Ministers must not simultaneously hold specified local government political offices; no person may hold a political or full-time local government office in more than one local government; village/subcounty executive committee members must not resign that office if elected certain higher local offices.

The meetings of local government councils and their executive committees shall be conducted in the manner specified in the Third Schedule.

All elected officials must serve part time and may only be paid allowances according to the First Schedule, subject to section 19, except chairpersons of lower local governments and vice chairpersons of municipal councils.

Councils have legislative and executive powers; persons who are not Ugandan citizens may not be council members.

Local government councils must exercise executive and political powers, provide services (subject to listed exceptions), protect the Constitution and ensure government policy implementation; they may devolve specified functions to lower councils subject to conditions, and must monitor government-provided services in their area.

District or lower councils may be allowed to exercise specified functions and services on request or if delegated; the Government and higher local councils may assume responsibilities on request and must retain grants when tasks revert to them.

Ministers and local government councils may delegate functions, but delegated instruments must be registered, sent, and published and must be open to public access; publication can include Gazette notice, local media, or fixing a copy for at least fifteen days.

A local government council may delegate some of its functions, powers or responsibilities under this Act, subject to the Constitution and the Fourth Schedule; such delegations must be accompanied by necessary resources and must be brought to public attention as provided under section 32(4).

A local government council may offer guidance to lower councils within its area of jurisdiction.

The district council is designated as the planning authority for a district and must prepare a comprehensive integrated development plan; district planning authorities must follow National Planning Authority guidelines; lower level local governments must prepare subordinate plans.

Establishes a district technical planning committee chaired by the chief administrative officer composed of heads of department and any technical person co‑opted by the chief administrative officer; the committee must coordinate and integrate sectoral plans of lower level local governments for presentation to the district council.

Local governments must establish planning units; the district economic planning department constitutes the planning unit and acts as secretariat; technical planning committees of lower local governments are composed of department heads or sector heads with the subcounty chief or town clerk as chair and must coordinate and submit integrated plans.

District councils may make local ordinances; such local bills must be forwarded via the Minister to the Attorney General for certification before the chairperson signs them; the Minister (with the Attorney General's advice) must return bills judged to contravene the Constitution or other law within ninety days; enacted ordinances must be published and made accessible.

Local lower councils (urban, subcounty, division, village) may make byelaws related to their powers and functions, subject to certification by a higher council and review by the Minister or relevant council; byelaws may create offences and prescribe fees, charges or fines up to two currency points and certain penalties for municipalities.

An ordinance made under section 38 may create offences and provide penalties, forfeiture, licence suspension/cancellation, and recovery of expenses from convicted persons.

An ordinance made under section 38 may prescribe fees or charges equivalent to full cost recovery in relation to acts or services under the ordinance and may require acts to be performed to the satisfaction of a prescribed person or body.

Ordinances may apply to the whole or part of a district or to a particular section or profession and may regulate different matters in different parts; however, no ordinance shall be made about any matter for which adequate provision is made under the Constitution or any law made by Parliament, except that if reproduced for ease of reference the ordinance must reproduce the provision in its entirety.

An ordinance or byelaw made under this Act takes effect on the date it is published in the official Gazette unless the ordinance provides a different effective date.

A local council must not make any law relating to the establishment or administration of courts or to the exercise of judicial powers.

The President may assume executive powers of a district with two‑thirds parliamentary approval in specified circumstances, exercise them via appointees, is limited to ninety days unless Parliament approves longer, and must return administration or arrange elections depending on the unexpired term.

The Ministry responsible for local governments must coordinate and advocate for local governments.

Ministries must inspect and monitor local governments and, where necessary, provide technical advice, support, supervision and training to ensure implementation of national policies and adherence to performance standards.

The Ministry responsible for local government must monitor and coordinate government initiatives and policies relating to local governments, advise and coordinate projects and organisations dealing directly with local governments, assist by providing technical assistance, coordinate local governments for harmonisation, and coordinate a district council's activities if the President takes over its administration under article 202 of the Constitution.

Authorised persons inspecting local governments must promote adherence to the law and fight corruption; they have powers to enter premises, inspect and retain documents, investigate matters (including on complaint or on their own initiative), and may attend council meetings.

If the Minister, on a council report, is satisfied a council duty or power is being improperly, unlawfully or inefficiently exercised, the Minister may call a meeting to point out irregularities and give guidance; may institute a commission of inquiry if the matter is grave; and shall refer matters to the relevant authority for action if a commission's findings disclose that an offence may have been committed.

The provision declares specified administrative units (county, parish/ward, village) and states there shall be a council at each level.

The council must be composed of specific ex officio and representative members at county, parish and village levels.

Specifies the composition of parish and village executive committees (lists named officer roles) and requires at least one-third of members at parish or village level to be women.

The administrative unit council shall perform the listed functions for its area, including advising, resolving disputes, monitoring services, and assisting in law and order.

The parish or village executive committee must oversee council decisions and perform specified local functions including maintaining order, supporting self-help projects, vetting recruits, communicating between government and people, monitoring administration and projects, and carrying out other lawful functions.

The chairperson must perform specified leadership and administrative functions for the administrative unit, including convening and presiding at council meetings, acting as political head, monitoring administration, and performing other incidental or law-imposed functions; the vice chairperson performs those functions if the chairperson is absent.

Councillors and members of the executive committee (other than ex officio members) must be part time.

A district or an urban council may establish or abolish offices in its public service, subject to the Constitution, other law, and applicable staff regulations made under this Act.

The Government may post staff to local governments to fill, assist or complement their service, subject to article 199 and either a district or urban council's request or concurrence, via the Ministry responsible for local governments.

District councils appoint district service commission members (with executive committee recommendation and Public Service Commission approval); members serve four-year terms and may be reappointed once; district councils may remove members after recommendation and consultation, only for incapacity, misbehaviour or incompetence.

The district service commission has the power to appoint and remove district or urban council officers, and must follow specified procedures when recruiting, meet at least twice yearly, observe quorum and be guided by relevant commissions and standards.

A person shall not be appointed a member of a district service commission unless they meet specified qualifications; certain office-holders are also disqualified from appointment.

The district council must determine terms and conditions of service for district service commission members, in consultation with the Public Service Commission; emoluments are determined by the district council under the First Schedule to this Act.

The district service commission must be independent, must not be subject to direction or control, must submit reports to the district council and the Public Education or Health Service Commission every four months and when required, and may make regulations for its meetings and functions.

District officers or employees must not be victimised, discriminated against, dismissed, removed, reduced in rank, or otherwise punished without just cause; a person aggrieved by a district service commission decision may appeal to the Public Service Commission.

Creates a secretariat and a secretary for the district service commission, assigns the secretariat and secretary responsibilities for day-to-day implementation and administration (including minutes and records), requires the secretary to hold a specified rank, and allows the district council, on recommendation, to determine other staff.

Employees terminated by the council contrary to terms or a Public Service Commission ruling are entitled to specified benefits; the district service commission must make staff regulations; the council must determine standing orders subject to conformity with Government prescription.

The clerk to the council is appointed by the district service commission, must be at the rank of or above assistant chief administrative officer, is responsible for taking minutes, keeping council records, and day-to-day administration, and is answerable to the speaker (or to the urban/subcounty chairperson where applicable).

The district service commission must not appoint anyone as chief administrative officer unless that person holds specified qualifications (degree or equivalent, diploma in public administration or development studies, at least ten years' working experience, and high moral character and proven integrity).

The chief administrative officer is assigned multiple duties including heading the district public service and administration, implementing council decisions, providing guidance, supervising staff and services, custody of records, liaison and advisory roles, assisting security, performing statutory duties, and the office must not remain vacant for more than three months.

The town clerk is the head of administration of the urban council and has specified duties; where applicable a town clerk is appointed by the district service commission on request, and the office must not remain vacant for more than three months.

Specifies certain district and urban staff positions and gives the council the power to determine numbers of some district officers.

Specifies which council staff are responsible to which council officers and to whom they are subject.

The district or urban council may recommend removing a chief administrative officer or town clerk by a resolution supported by two-thirds of council members for specified grounds; the tribunal must submit findings to the district service commission.

There is a chief in each subcounty and parish (appointed by the district service commission); chiefs have a range of duties within their area of jurisdiction including administration, accounting, obeying lawful directions and courts, collecting revenue, assisting law and order, preventing crime, supervising development projects, and implementing council and government policies.

A person is not eligible for appointment as resident district commissioner unless they meet specified qualifications; each district must have a resident district commissioner who is a senior civil servant appointed by the President.

Specifies functions of the resident district commissioner, listing duties the commissioner shall perform and powers the commissioner may exercise.

The President may decide how many deputy or assistant resident district commissioners are needed; deputies must assist the resident district commissioner; the Public Service Commission, consulting the Ministry, determines other officers and staff; Section 70(2) applies to appointment of deputies.

The district council may recommend to the appointing authority the removal of a resident district commissioner or a deputy or assistant resident district commissioner by a resolution supported by two-thirds of all council members and stating the grounds.

Establishes a seven-member Local Government Finance Commission appointed by the President (four-year term, eligible for reappointment); specifies how members are nominated (three by district councils, one by urban councils, three by the Minister in consultation), requires members to elect a chairperson and vice-chairperson, provides for a secretariat and for the Commission to appoint its secretary and other officers with Ministerial approval.

The President may remove a member (including the chairperson) of the Local Government Finance Commission on specified grounds.

The Local Government Finance Commission must carry out specified advisory and recommendation functions for the President and local governments, including revenue distribution, grants allocation, revenue sources, local tax guidance, dispute resolution, and other functions prescribed by Parliament.

Local governments must formulate, approve and execute balanced budgets and plans; they must give preferential budget outlays to national priority programme areas; budgets must reflect all revenues and take into account the approved three-year development plan for the ensuing financial year. The Local Government Finance Commission must inform the council and the President through the Minister if a council budget significantly detracts from priority programme areas.

The Minister must, by statutory instrument, make financial and accounting regulations prescribing financial and accountability measures for compliance by all local governments; local governments’ revenue is to be regulated as provided in the Fifth Schedule; a surcharge may be imposed on councillors or staff responsible for loss or damage in accordance with those regulations.

Urban local governments are entitled to autonomy over their financial and planning matters relative to district councils, but their plan must be incorporated into the district plan.

Local governments may levy and collect various fees and taxes; local governments must list revenue sources; local governments may act as agents for Government collections; extra obligations transferred to local governments must be financed by Government; village councils may impose service fees with subcounty approval.

Local government councils must use a financial year running from 1 July to 30 June of the following year.

Local governments may not appropriate council funds unless the appropriation is approved in a council budget; the Government must not impose financial obligations on local governments after the Appropriation Act without providing funds; the chairperson must present annual estimates to council by the fifteenth of June.

The President must present yearly proposals to Parliament for unconditional, conditional and equalisation grants; local government councils must indicate how conditional and equalisation grants are passed on; the Government must remit these grants directly to local councils.

A local government may borrow money or accept and use grants or assistance as provided in the Fifth Schedule for the purposes of article 195 of the Constitution.

Division councils retain 50% of revenue collected and remit 50% to city/municipal councils; subcounty councils retain 65% (or a higher percentage if approved by the district) and remit the remainder to the district; district and subcounty have specified remittance and recovery obligations.

Local government councils and administrative units must keep proper books and records, balance their accounts for the year, and produce statements of final accounts within four months from the end of each financial year.

The Auditor General must audit accounts of every local government council and administrative unit and must give the report of the audited accounts to specified recipients; the Auditor General may carry out surprise audits, investigations or any other necessary audits.

Establishes a local government public accounts committee in each district, sets membership, quorum, duties to examine and submit reports, powers to require attendance, responsibilities to implement recommendations, funding by the district council, and member term limits.

The district council has the power to remove a member (including the chair) of a local government public accounts committee by a resolution supported by two-thirds of council members and on the recommendation of the executive committee, but removal is limited to specific grounds listed in the section.

Local councils must provide an internal audit department; the head of that department must prepare quarterly audit reports and submit them to the council with a copy to the local government public accounts committee.

Each district must have a district tender board of seven appointed members (including a chair) that provides procurement services to local councils; the board must follow central tender board standards and Local Government Financial and Accounting Regulations, act only on local council requests, publish quarterly tender summaries, and members serve three-year terms eligible for one reappointment.

Persons lacking the stated integrity or at least seven years' working experience shall not be appointed as members of the district tender board; certain office-holders (members of Parliament, local government council members, executive bodies of political parties or organisations, or public officers) shall not be appointed.

The district council may remove a member (including the chairperson) of a district tender board, on recommendation of the executive committee, but only for specified grounds (abuse of office; incompetence; failure to attend three consecutive ordinary meetings without valid reasons acceptable to the board; physical or mental incapacity; failure to declare pecuniary interest).

Each urban council shall have an urban tender board composed of five members (including a chairperson) appointed by the urban council on the recommendation of its executive committee; quorum is three members; an urban council may, by resolution, opt not to establish a board and instead request district board services.

The Electoral Commission must organise, conduct and supervise election of the local councils.

The Electoral Commission must appoint a returning officer for each district (by Gazette notice); a returning officer may resign in writing; the Commission may remove a returning officer for specified reasons; vacancies must be filled within fourteen days of being informed.

Returning officers must appoint in writing an assistant returning officer who is a senior public officer qualified as a voter and resident in the district; notice must be sent to the Electoral Commission and publicised. Returning officers may delegate duties to the assistant. Assistants act as returning officer if the office falls vacant and must vacate if a new assistant is appointed; assistants may be removed by the relevant returning officer on grounds in section 102 (3).

Each returning officer of a district must, in consultation with the Electoral Commission, create as many polling divisions and polling stations as are convenient for voters to cast their votes.

The returning officer must appoint one presiding officer and three polling assistants for each polling station; may replace officers for good cause before or during polling; may appoint four counting officers; if the presiding officer dies or cannot serve the returning officer may appoint another person, or if not possible the eldest assistant must act as presiding officer.

A district registrar must continuously maintain and update district voters registers and rolls for local government elections and, while performing those duties, must be under the direction and control of the Electoral Commission.

The Electoral Commission must publish a public notice in the official Gazette and public media appointing the day(s) for elections of all or a category of local government or administrative councils.

Specifies population quotas for demarcating local government electoral areas and allows the Electoral Commission to reduce those quotas if using them would produce fewer than ten councillors.

Section Demarcation of electoral areas Section The demarcation of electoral areas shall ensure that— Notwithstanding subsection (1), the following electoral areas may be demarcated into more than one constituency in accordance with section

Electoral areas for women councillors may combine two or more lower local council units where there are fewer women seats than lower local government units, using a population quota set by the Electoral Commission.

Sets qualifications, nomination requirements and supporting documents for election as chairperson of local government councils; prohibits subscribing to or supporting more than one nomination for the same office and prescribes a penalty for contravention.

Specifies nonrefundable fees: ten currency points for a district and city; five currency points for a municipality; and two-and-a-half currency points for a city division, town or subcounty.

If one of two candidates dies, the returning officer must set another nomination day (allowing reasonable time for nominations) and, where applicable, must postpone the election to another convenient date.

If there are two candidates and one withdraws or is disqualified (or ceases to qualify), the returning officer must immediately declare the remaining candidate elected unopposed.

The returning officer must declare as elected the candidate with the largest number of votes cast; the Electoral Commission must ascertain, declare and publish the results within forty-eight hours of close of polling.

Sets who is qualified or disqualified to be a local government councillor and requires certain public officers to take leave or resign before assuming local government office.

The presiding officer must conduct the election by allowing voters to cast votes by lining behind their chosen candidate, an agent, or a portrait; the Electoral Commission may make necessary modifications; the election shall be by universal adult suffrage.

Youth councillors are to be elected by specified electoral colleges; the Electoral Commission must appoint officers and set the day and time for elections; general election provisions apply for matters not provided for.

Sets documents, declarations, fees and supporting materials required for nominating candidates to local government councils and assigns duties to the Electoral Commission and returning officers.

If at the close of nominations no one is nominated for an electoral area, the returning officer must report to the Electoral Commission and the Commission must fix another nomination day; if only one person is nominated that person is declared elected unopposed.

A candidate may withdraw before polling day by written notice to the returning officer; the presiding officer must post a notice at the polling station and audibly inform voters on polling day if the withdrawn candidate’s name appears on the ballot.

Candidates may not hold individual meetings; the returning officer must organise collective candidates meetings, make and share a meetings programme, allow candidates reasonable time to attend, appoint a chair in consultation with candidates, and candidates must bear their own attendance costs; local language may be used.

During the campaign period public officers, public authorities and institutions must, as far as possible, give equal treatment to candidates; candidates have freedom of expression and access to information subject to the Constitution and other law but are not protected against abusive or slanderous statements; no person while campaigning may use or publish defamatory or inciting words; contravention is an offence with specified penalties; the Electoral Commission may issue campaign guidelines.

Candidates have a right to access and use State-owned communication media if required; candidates may publish campaign materials during the campaign period subject to other law; no person may distribute election-related printed matter during the campaign period unless the author’s name and address are appended; breach of that rule is an offence punishable by a fine (up to ten currency points) or imprisonment (up to two years) or both.

No person shall use political party colours or symbols, or tribal or religious affiliations or other sectarian grounds, as a basis for candidature, and contravention is an offence punishable by fine, imprisonment up to two years, or disqualification.

Candidates who are chairpersons or hold any other political or public office must not use local council or Government facilities for elections under this Act.

If in an electoral area there are only two candidates and one dies, the election is postponed and the Electoral Commission must declare another nomination day; a candidate previously nominated need not be nominated again.

Sets polling-station layout and voting procedure for district, city and municipal council elections (secret ballot, ballot box procedure, marking with indelible ink and presiding officer duties).

Voters who cannot mark the ballot because of blindness, illiteracy, old age or other disability may be assisted at the polling station by a person of their choice or, subject to subsection (3), another person present; any member of the voter’s family may assist even if under eighteen; election officers, candidates’ agents, observers or monitors are not permitted to assist; assistance must be voluntarily requested; pretending to have a disability or contravening subsection (4) is an offence punishable by a fine not exceeding five currency points or imprisonment not exceeding two years or both.

No person may vote more than once; presiding officers or polling assistants must inspect voters' fingers with indelible ink before issuing ballots and must refuse a ballot if there are reasonable grounds that the voter has already voted or if the voter refuses inspection. Refusal to be inspected is an offence punishable by a fine up to ten currency points or up to two years' imprisonment or both.

During an election while polls are open, every returning officer and presiding officer is keeper of the peace and has all powers of a justice of the peace at the polling station and may require assistance, arrest or cause arrest, place persons in custody, or imprison an arrested person until not later than one hour after poll closure.

Presiding officer must count votes at each polling station immediately after declaring polling closed; where required the presiding officer must provide lanterns or other adequate light; candidates may attend in person or via representatives; at the start of counting the presiding officer must open the ballot box and count votes, separating votes for each candidate.

If counting, tallying or recounting of votes is interrupted by riot, violence or any other reasonable cause, the presiding officer or returning officer must adjourn it to the next day or another time the same day and must immediately inform the appropriate authority; candidates or their agents are entitled to be present to watch the ballot boxes until counting resumes.

Presiding officers must inform the returning officer and direct candidates/portraits; returning officers must inform the Electoral Commission; presiding officers must conduct voting by having voters line up behind candidates or portraits.

Returning officers must transmit specified election documents to the Electoral Commission and must declare elected the candidate with the largest number of votes after addition or recount.

The presiding officer must complete, sign and distribute copies of Form EC 9 (declaration of results), seal the ballot box in the presence of candidates/agents, retain and deliver specified copies and announce the polling station results before sending them to the returning officer.

The Electoral Commission must publish constituency election results in the Gazette, must produce a detailed report after each general election, and candidates and their official agents have the right to send written complaints and suggestions to the commission.

Certain persons may file an election petition to challenge a declared elected candidate; eligible filers include an aggrieved candidate for chairperson (to the High Court), a person qualified under subsection (3) aggrieved by a councillor result (to the chief magistrate’s court), a candidate who loses, and a registered voter with signatures of not less than five hundred registered voters; petitions must be filed within fourteen days after Gazette notification of results.

An election for chairperson or council member may be set aside only on specified grounds if proved to the satisfaction of the court.

When hearing an election petition, the court must report to the Director of Public Prosecutions if facts disclose a possible criminal offence; the court does not have power to convict in that hearing.

The petitioner must serve a written notice of the petition, with a copy of the petition, on the respondent(s) within seven days after filing.

Courts must try election petitions and decide whether the respondent was duly elected; the court may dismiss the petition, declare another candidate elected, or order a new election; the court may order a recount; High Court or chief magistrate must hear and determine the petition within three months and may suspend other matters; the court must notify the Electoral Commission and speaker and the Commission must declare or arrange elections as directed.

In election-petition hearings the court uses the same powers and procedural rules as in civil actions; witnesses who wilfully make material false statements commit an offence punishable by a fine of ten currency points or imprisonment up to two years or both.

A petition may not be withdrawn except with the court's leave and after notice; persons who could have been petitioners may apply to be substituted; the court may substitute applicants and may order existing security to remain and require the original petitioner to pay costs if withdrawal was induced by corrupt bargain; if withdrawn the petitioner must pay the respondent's costs.

An aggrieved person may appeal an election petition decision to the High Court or Court of Appeal; those courts must hear subsequent appeals within three months and may suspend other pending matters; the Court of Appeal's decision is final.

An election petition lapses on the death of a sole petitioner.

It is an offence for any person, with intent before or during an election, to influence voting (including by giving money, gifts or other consideration) or for candidates/agents to offer alcoholic beverages before close of polls; receiving such consideration is also an offence.

Makes various acts at or about elections (voting when prohibited; publishing false statements about candidates to influence results; wilful obstruction of voters or candidates) offences of "illegal practice" and prescribes penalties on conviction including a fine up to five currency points or up to two years imprisonment or both.

At candidates meetings, any person who acts disorderly to prevent the meeting's business commits an offence punishable by a fine up to ten currency points or imprisonment up to two years; the chairperson may order removal using reasonable force, and anyone removed or who leaves must not return without the chairperson's permission or they commit an offence punishable by a fine up to five currency points or imprisonment up to six months.

A presiding officer must furnish the election returns to the returning officer within the time stipulated by law; failure without reasonable cause is an offence punishable by a fine not exceeding five currency points or imprisonment not exceeding one year, or both.

Any person is prohibited from committing a range of offences relating to election documents and ballot papers, including forging, unlawfully supplying or possessing documents, interfering with ballot boxes, and marking another person's ballot; perpetrators of the act in subsection (1)(h) are additionally disqualified from standing or participating in elections for not less than three years.

Any person who knowingly votes when not entitled to do so, or who votes more than once at an election, is covered by this provision.

It is an offence for a person to vote as some other person (living, dead or fictitious).

It is an offence for a person to use or threaten force or violence, inflict or threaten injury or loss, or by abduction, duress or fraud impede or prevail upon a voter to vote or refrain from voting; penalty up to five currency points or up to two years imprisonment, or both.

On polling day, no person may undertake campaigning activities (including gatherings of more than twelve, canvassing, slogans, distributing leaflets, public singing/dancing, or use of bands) near polling stations; during polling hours there are additional prohibitions within 200m (influencing or ascertaining votes) and within 400m (selling intoxicating liquor). Contravention is an offence with specified penalties.

Prohibits persons from destroying, mutilating, defacing or removing notices or documents exhibited or made available under the Act, and from maliciously defacing or removing election posters; courts must report convictions to the Electoral Commission.

Anyone who wilfully obstructs or interferes with an election officer in the execution of the officer’s duty commits an offence and is liable on conviction to a fine not exceeding five currency points or to imprisonment for a term not exceeding three years.

If no penalty is specified for an offence (except illegal practice), the offender on conviction may be fined up to five currency points, imprisoned up to one year, or both.

Persons may not be prosecuted for offences under this Act without the Director of Public Prosecutions' written consent; property related to ballots and counterfoils is vested in the Electoral Commission.

If the electorate of a county, parish or village council is assembled for an election, the presiding officer must address the voters about voting procedures.

Rules for nomination, introduction, withdrawal and declaration of candidates in local council elections, including presiding officer duties, voter and candidate eligibility limits, a five-minute introduction limit, and procedure for unopposed election.

Rules for council election procedure including quorum, how votes are cast (lining up), presiding officer duties to direct candidates, conduct the election, maintain five-metre spacing, assist incapacitated electors, and record results.

The returning officer must declare a candidate the winner if they have the largest number of votes or were elected unopposed.

The presiding officer (or a person acting in their place) must keep order at polling stations; the presiding officer may order removal of persons who misconduct themselves or disobey lawful orders, authorised persons may effect removal, and removed persons shall not re-enter unless permitted by the presiding officer.

If proceedings at a polling station are interrupted or obstructed by riot, violence or any other unforeseen impediment, the presiding officer must adjourn the elections to a later time the same day or to the following day and must notify the returning officer.

The presiding officer in charge of elections must appoint enumerators; must declare the winning candidate after counting; and may order a recount if a non-frivolous complaint is received from a voter before declaring.

After results are declared, the presiding officer must fill in Forms EC 9, EC 10 and EC 11 and submit them to the relevant offices within two days.

An election petition for village, parish or county elections must be filed in the magistrate grade I court having jurisdiction in that constituency.

Incoming executive committee must ensure a formal handing over from the outgoing executive committee before taking office, within one week from the date of the new committee's elections.

The chairperson, local government councils and administrative councils must be elected every four years.

When certain local government offices become vacant the clerk or district clerk must notify the Electoral Commission and the Commission must organise by-elections within specified timeframes; a chairperson elected at a by-election serves the unexpired term.

If an issue is not provided for under this Part, the parliamentary elections law in force shall apply with any necessary modifications.

Members of a local government or council staff and persons acting under a council's directions are protected from court action for acts or omissions done in that capacity.

The Minister responsible for local government may delegate any power or duty under the Act to a named person or office, subject to conditions, exceptions and qualifications the Minister prescribes.

The Minister may make regulations by statutory instrument, amend Schedules with Cabinet approval, must not delegate that function, must lay instruments before Parliament as soon as practicable, Parliament may amend or revoke instruments and instruments are deemed approved if Parliament does not act within two weeks; the Minister may prescribe fines by statutory instrument while exercising these powers.

Subsidiary legislation made under the Local Governments (Resistance Councils) Statute, 1993 remains in force until revoked by the relevant council or the Minister.

Property and assets vested in district, subcounty and urban councils immediately before the commencement of the Act remain vested and pending court proceedings enforceable by or against those councils shall be enforced under this Act.

Persons who were chairpersons or councillors immediately before commencement remain in office until new elections; council officers/employees immediately before commencement are deemed appointed under this Act and remain until removed under this Act.

Local government police and prisons existing when this Act was enacted shall continue to exist until a new law covering them is enacted.

The district council must continue to govern a newly created town until the town is published in the Gazette and elections are held under Part X of the Act.

If the chairperson or a member of the executive committee of an original council was representing an electoral area within the newly created local government, that person must cease to hold that office; however, a chairperson elected by universal adult suffrage may remain chairperson of the original local government.

An interim local government council must elect an interim chairperson from among its members by secret ballot.

The interim chairperson of an interim council must nominate from among council members an interim vice chairperson and up to five secretaries, who must be approved by two‑thirds of all council members to form the interim executive committee of the newly created local government.

The interim council of a new local government must appoint interim standing committees; interim local councils must not appoint district service commissions, tender boards or local government public accounts committees; those functions shall be exercised by the interim council under guidelines issued by the Minister; interim councils must not alter or create administrative units without the Minister's approval.

Officers or employees of the original local government council who immediately before the new local government took effect are deployed or assigned responsibility in the new local government are deemed appointed under this Act and will hold office until removed under this Act.

Interim councils must exercise their conferred powers for no more than six months unless Parliament approves; if the unexpired term of the previous council is under one year the interim council stays until elections; councillors elected under section 186(2) serve the unexpired term of the local government council.

The Electoral Commission must organise and conduct elections for the interim chairperson and must organise and conduct elections under Part X within six months from the effective date of the new local government unit.

When a new local government unit is created, the Minister must ensure equitable sharing of property between the original and new local governments.