Section 146, The Public Elections Act, 2012

(l) If the High Court determines that a candidate returnedas elected was not duly elected and that the election was void, then the candidate’s seat shall become vacant from the time of the notice of decision of the High Court and if notice of appeal from that decision has been given within fourteen days, the seat shall remain vacant for the period until the determination of the Court of Appeal is given on the appeal or the appeal is abandoned. (2) Where the question to be decided by the Court of Appeal concerns an election to or the right to remain a member of Parliament, the Registrar of the Court of Appeal shall certify the decision in writing to the Speaker and the Electoral Commission. (3) Where the High Court has determined that a candidate was duly returned or elected, or that the election was void, and no notice of appeal has been given against that determination within fourteen days, or where on appeal the Court of Appeal has determined that a candidate was duly returned or elected, or that the election was void, then the Speaker shall publish by notification in the Gazette whether the candidate whose return or election is questioned is duly returned or elected or whether the election is void. (4) If the election is declared void, another election shall be held. 88 89 Proceedings to have priority of hearing. Noncompliance with Act. Privilege, certificate of indemnity. Appeal from High Court. Effect on return of notice of