Respondents to ensure that the required provision was in place before any elections were held in 2016 and subsequently in 2021. [88] The Respondents cannot take refuge in what I see as a prior contravention arising from their own omission simply because the said omission was not “pleaded” by the Petitioner in order to deny a consequential breach. The failure to publish which was the Petitioner’s complaint is consequential to the failure to process the enactment of the required legal provision. As opposed to being an escape it compounds the contravention which was alleged. And it does not end there, due to a further aggravating factor. [89] The Respondents were clearly aware of the pressing need to comply with the constitutional provisions relating to the entire electoral process before any election was held under the Constitution because they did facilitate the passing of the Act and the Regulations before the 2016 elections took place, even though what was passed excluded provision for the publication of the declaration of assets and liabilities of a presidential candidate. The Act and the Regulations were applied in the 2016 and the 2021 elections. [90] It is of note, that the prescribing of the relevant provision was not open-ended. It had a time frame within which it had to be done, that is, before the first presidential election after the Constitution took effect. I am J36

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