General and Others6 was cited in support of the need for the
Petitioner to set out facts of the alleged breach in sufficient detail
to warrant consideration by this Court.
Further, that the
constitutional enjoyment guaranteed under Article 20 of the
Constitution does not exist in a vacuum and that an individual's
access to information has to be conferred by law.
[32] in responding to the cases relied on by the Petitioner, the 2nd
Respondent argued that the case of Wypych v Poland1 is
distinguishable from this matter in that the financial information
that was required to be disclosed was imposed by legislation while
in casu, there, is no law which imposed a duty on the 1st
Respondent
to
publish
presidential
candidate's
nomination
information save for candidates at constituency, district and ward
levels.
Further, that the case Of Union of India v Association for
Democratic Reforms and People's Union for Civil Liberties2 was
distinguishable from the matter in casu in that in the former, there
was no legislation requiring that country's electoral commission to
collect background information for candidates on behalf of the
citizens. However, that in this matter,
Respondent to collect
legislation requires the 1st
background information for presidential
candidates on behalf of the citizens but the issue is that the
publishing is required to be prescribed in an Act of Parliament or
regulations. Further, that the prescribing has not been done.
[33] The Learned Solicitor General, Mr. Muchende, SC, in his oral
submissions in support of the 2nd Respondent's position argued that
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