[35] The Learned Solicitor General, in addressing the second relief,
argued that it was poorly drafted and vague and must not be
granted. Further, that the surreptitious attempt to amend it in the
Petitioner's skeleton arguments was untenable based on the case
of Christopher Lubasi Mundia v Sentor Motors8 wherein it was held
that pleadings cannot be deemed or treated to be amended but
must be amended in fact. That doing otherwise would amount to
ambushing and taking the opposite side by surprise.
[36] On the issue of costs, Mr. Muchende, SC submitted that costs
should be awarded to the Respondents because the Petitioner had
singled out one candidate requiring the publication as opposed to
addressing the fundamental principle underpinning Article 52 (3) of
the Constitution.
PETITIONER'S REPLY
[37] In his reply to the 1st Respondent's Answer, the Petitioner
cited, among others, Article 173 (l)(h) on promotion of timely
dissemination of public information and section 3 (c) of the
Electoral Process Act on the 1st Respondent's need to ensure
transparency and credibility in the conduct of elections.
The
Petitioner added that even assuming that there was no law
expressly imposing an obligation to publish the declaration of
assets by presidential candidates, the lsl Respondent, as a public
institution having a huge stake in democracy, had an obligation to
uphold democratic principles which require dissemination of
J16
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