prescribed. The word "prescribed", has been defined in Article 266
to mean that the attendant details of the publishing, including the
process, is to be found in an Act of Parliament, that is, legislation
promulgated pursuant to the article. In this matter, this is supposed
to be in the Electoral Process Act or the Regulations thereunder.
This is also in line with section 21 of Act No. 1 of 2016 which
provides as follows:
21.
Subject to section six, where an Act of Parliament is required to
give effect to an Article of the Constitution as amended, that Article
shall come into effect upon the publication of the Act of Parliament
or such other date as may be prescribed by, or under, the Act of
Parliament.
[60] A perusal of the Electoral Process Act reveals that it is silent
on the issue of publishing nomination papers and affidavits of
presidential candidates as well
as the other categories of
candidates. However, Regulations 20 (2) and 22 of the Electoral
Process (General) Regulations, 2016,
respectively provide as
follows:
20. (2) Where two or more candidates have been validly nominated for
a constituency, district or ward, the returning officer shall publish the
information contained in the nomination papers and affidavit relating to
the candidates.
22.
A person registered in a constituency, district or ward may, at any
reasonable time, after the returning officer for the constituency, district
or ward has given notice of the date of the poll and before the day
appointed for the taking of a poll in that constituency, district or ward
inspect, at the office of the returning officer, a nomination paper of a
candidate in that constituency, district or ward.
[611 Regulation
20
(2)
of the
Electoral
Process
(General)
Regulations, 2016 provides for the publishing of nomination papers
and affidavits for parliamentary, mayoral and local government
J25
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