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(1)Where the office of a chairperson becomes vacant, the Chief Administrative Officer shall within twenty-one days notify the Electoral Commission; and the Electoral Commission shall organise a by-election six months from the occurrence of the vacancy.
(2)Any Chief Administrative Officer who fails to report to the electoral Commission within one month from the date the office fell vacant, 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 months, or both.
(3)A person elected chairperson under subsection (1) shall hold office for the period covering the unexpired term of the council.
(4)Where the seat of a councillor becomes vacant under regulation 3 of Schedule 2 to this Act, the Chief Administrative Officer shall notify the Electoral Commission in writing within twenty-one days after the vacancy occurred and the Commission shall organise a by-election within six months after the occurrence of the vacancy.
(5)Where the seat of a chairperson of a subcounty council, town council, municipal division, municipal council or city division becomes vacant, the Chief Administrative Officer shall notify the district registrar within twenty-one days after the occurrence of the vacancy and the Electoral Commission shall organise a by-election within six months after the occurrence of the vacancy.
(6)For the purposes of this section, the parish chief shall report to the subcounty chief any vacancy occurring in a parish or village council within ten days after the occurrence of the vacancy for onward transmission to the district registrar and the Electoral Commission shall organise a by-election within six months after the occurrence of the vacancy to fill the vacancy.
(7)Notwithstanding anything in this section, a by-election shall not be held where the term of the council to which the vacancy relates has less than six months to expire.
(8)A by-election for local government councils shall not be held where a vacancy occurs within six months to the general elections of local councils.
You must hold a by-election within six months when a local government chairperson’s office becomes vacant. The Chief Administrative Officer must notif...
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