therefore, important that, while interpreting Section 83 of our Elections
Act, this distinction is borne in mind. In the circumstances, authorities
from many Commonwealth countries, such as Nigeria, Ghana, Zambia,
Tanzania and Uganda whose provisions are not in sync or exact parri
materia with ours may not be useful.
[194] That is not all. Our present provision is different from that in other
countries in two other fundamental aspects. First, the Kenyan Act does not
have the word “substantially”, which is in many of the provisions of other
countries. Secondly, and fundamentally, in 2011, the Elections Act (No. 24
of 2011) was enacted and repealed the National Assembly and Presidential
Elections Act. Section 83 of the new Elections Act, obviously to harmonize
it with our Constitution, added that to be valid, the conduct of our elections
in our country must comply “with the principles laid down in the
Constitution.” This addition was purposive given that the retired
Constitution did not contain any constitutional principles relating to
elections. In interpreting the Section therefore, this Court must first pay
due regard to the meaning and import of the constitutional principles it
envisages.
[195] Among the well-established cannons of constitutional interpretation
is the basic one that the Constitution must be read as an integrated whole.
Mr. Justice White, in his dissent (Fuller CJ, McKenna & Day concurring)
captured this principle in the case of State of South Dokota v. State of
North Carolina95 where he stated:
95
State of South Dokota v. State of North Caroline 192, U. S. 286 (24 S. Ct. 269, 48 L.Ed. 448)
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