prescribed in Black's Law Dictionary 11th Edition was cited as
meaning to assert a right or title to the enjoyment of a thing. The
explanatory note in Black's Law Dictionary was outlined as follows:
In modern statutes relating to matters of administrative nature, such
procedure, registration etc., it is usual to indicate in general terms the
nature of the proceedings to be adopted, and to leave the details to be
prescribed or regulated by rules or orders to be made for that purpose in
pursuance of an authority contained in the Act.
[30] It was thus contended with respect to Article 52 (3) that the
issue is that the procedure for publishing is not found in either the
Constitution or the Act of Parliament, being the Electoral Process
Act and the regulations.
The 2nd Respondent argued that the
provisions of the Electoral Process Act and Electoral Process
(General) Regulations, 2016 relied upon by the Petitioner did not
assist his case. In particular, that: section 30 (1) of the Electoral
Process Act only mandates presidential candidates to submit
statutory declaration forms of assets and liabilities to the retuning
officer; regulation 11 (6) provides for the form for the statutory
declaration which is form GEN 5; and regulation 20 (3) mandates
the returning officer to publish information in the nomination paper
and affidavits relating to candidates for the constituency, district
and ward.
That in the absence of prescribing the procedure for
publishing the presidential nomination paper and affidavit the same
cannot be published.
[31] It was also argued that the Petitioner had not set out the
facts, in sufficient detail, which are the basis for his entitlement to
the reliefs sought.
The case of Benjamin Mwelwa v Attorney
J13
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