In re Petition by Habel Kasenha, Misc. Civ. Cause 9-D-67; -/6/67; Saidi, J.

In re Petition by Habel Kasenha, Misc. Civ. Cause 9-D-67; -/6/67; Saidi, J.

Petitioner received more than half the votes cast at the preliminary nominations by the Branch Annual Conference. Before the election for the seat in Ward 29 of the Mpwapwa District Council. The District Returning Officer forwarded his name, with four others, to the District Executive Committee. He testified, however, that for reasons contained in a “confidential letter” in his possession, which letter “he did not wish to be read in Court, “petitioner’s name was not recommended by the District Executive Committee. Thus, two other candidates were nominated and the election was held.

            Held: (1) The proceeding of a meeting of a Branch Annual Conference “or any other organ of the party” which is held under the Local Government (Elections ) Act 1966 are not subject to court review, by way of election petition or otherwise. Citing section 78(2) of that Act. (2) The conference proceedings could not be treated as tantamount to a by-election. “By-election have the same results as elections – the designation of persons to fill given positions –when a vacancy occurs other than at the usual time for elections. The proceedings here were clearly preliminary to an election. Citing Local Government (Elections) Act 1966, s. 2(1); Local Government (Elections ) (Amendment) Act 1966, s. 7F Petition dismissed.