(2) Where on any matter Consensus cannot be obtained, the matter shall be decided by voting; and the matter shall be taken to have been decided if supported by the votes of a majority of all the Members of the Commission.
(3) In any vote under sub-section (2) each Member of the Commission shall have one vote and none shall have a casting vote.
(4) The quorum of the Commission at any meeting shall be five.
(5) The Commission may act notwithstanding the absence of any member or any vacancy in the office of a member.
(6) The Secretary shall cause to be recorded minutes of all proceedings of the Commission”
The Declaration of Results Form B was signed by five Commissioners and the Secretary. Mrs. Miiro who was a Commissioner did not sign because she was in custody facing a criminal charge. It is common knowledge that Lady Justice Maitum ceased to be a Commissioner on appointment as a High Court Judge. The Commission had capacity to act notwithstanding any vacancy on it or absence of a member provided it had a quorum of five. The Declaration of Results Form B was signed by five Commissioners and therefore the Commissioners’ decision declaring the results of the election was in accordance with the law. The independence, impartiality and integrity and indeed its authority was not thereby undermined in any way.
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