[53] The reference in paragraph 8 of the affidavit to the statement
of declared assets and liabilities incorporates the statement in the
affidavit. In order to have a holistic appreciation of the contents of
the affidavit, one would have to refer to the attached statement.
Reading paragraph 8 without the attached statement leaves out
some material particulars from the affidavit and defeats the objects
of Article 100 (l)(h). Therefore, Article 52(3) which mandates the
publishing of nomination papers and affidavits extends to the
statement of declared assets and liabilities as well.
[54] We note the 1st and 2nd Respondents' common argument to
the effect that the repealed Article 34 of the Constitution as
amended in 1996 expressly provided for inspection of declared
assets and liabilities while Article 52 (3) of the Constitution requires
the prescription in subsidiary legislation before the declaration of
assets and liabilities of presidential candidates are subject of public
access.
[55] The repealed Article 34 (5) (b) read as follows:
34 (5) a Presidential candidate shall not be entitled to take part in an
election unless(b) he makes, a statutory declaration, of his assets and liabilities,
which shall be open to public inspection at such time and at such
place as may be prescribed by or under an Act of Parliament;
[56] This repealed provision left it to members of the public to
inspect the statutory declaration of assets and liabilities at the place
and time to be prescribed. However, both the Electoral Act No. 12
of
2006
and
the
Electoral
(General)
J23
Regulations
Statutory
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