Process (General) Regulations, 2016. Further, that the publishing of
nomination papers and affidavits for candidates at parliamentary
and local government levels which is also provided for in Article 52
(3) was done while leaving out the presidential candidates.
[44] The 1s' and 2nd Respondents' common position, on the other
hand, maintains that Article 52 (3) as read with section 30 (l)(c) of
the Electoral Process Act and Regulations 11 (6) and 20 (2) of the
Electoral Process (General) Regulations, 2016 do not require the 1st
Respondent to publish presidential candidates' declaration of assets
and liabilities contrary to the allegation by the Petitioner.
[45] It is their view that prior to the
2016 constitutional
amendments, the then Article 34 which dealt with the nomination
process oi presidential candidates expressly provided for public
inspection of declared assets and liabilities. That this is not the case
with the current Constitution as amended in 2016 because Article
52 does not so provide.
[46] We note that Article 52 (3) of the Constitution is at the core of
this Petition. However, to contextualise the contention in the
Petition, we propose to start by reviewing the entire article. Article
52 provides that:
(1)
A candidate shall file that candidate's nomination paper to a
returning officer, supported bv an affidavit stating that the
candidate is. qualified for oomination as President Member of
Parliament or councillor, in the manner, on the day, and at the time
and place set by the Electoral Commission by regulation.
(2)
A returning officer shall, immediately on the filing of a nomination
paper, in accordance with clause (1), duly reject the nomination
J19
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