(4) A member of the Electoral Commission may be removed from office by the President on the
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recommendation of the Public Appointments Committee on the grounds of incapacity or incompetence
in the performance of the duties of that office.
[Ch0000s76]76. Powers and functions
13 of 2001(1) The Electoral Commission shall exercise such functions in relation to elections as
are conferred upon it by this Constitution or by an Act of Parliament.
(2) The duties and functions of the Electoral Commission shall include—
(a)
to determine constituency boundaries impartially on the oasis of ensuring that
constituencies contain approximately equal numbers of voters eligible to register, subject only to
considerations of—
(i)
population density;
(ii)
ease of communication; and
(iii)
geographical features and existing administrative areas;
(b)
to review existing constituency boundaries at intervals of not more than five years and
alter them in accordance with the principles laid down in subsection (2) (a);
(c)
to determine electoral petitions and complaints related to the conduct of any elections;
(d)
to ensure compliance with the provisions of this Constitution and any Act of Parliament;
(e)
Parliament.
to perform such other functions as may be prescribed by this Constitution or an Act of
and
(3) Any person who has petitioned or complained to the Electoral Commission shall have a right
to appeal to the High Court against determinations made under subsections (2) (c) and (2) (d).
(4) The Electoral Commission shall exercise its powers, functions and duties under this section
independent of any direction or interference by other authority or any person.
(5) Without prejudice to subsection (3)—
(a)
the High Court shall have jurisdiction to entertain applications for judicial review of the
exercise by the Electoral Commission of its powers and functions to ensure that such powers and
functions were duly exercised in accordance with this Constitution or any Act of Parliament; and
(b)
the National Assembly shall confirm all determinations by the Electoral Commission
with regard to the drawing up of constituency boundaries but may not alter the boundaries of any
constituency, except upon the recommendation of the Electoral Commission.