The act of the director under section 9(b) of the Act as to Uhuru Newspaper on 11th August 2021, is an outcome or reaction for noncompliance of the terms under the licence of the respective media service provider. As submitted by the counsel for the respondent that apart from the law, this is also a constitutional obligation enshrined under Article 26 (1) and (2) of the Constitution that; "26.- (1) Every person has the duty to observe and to abide by this Constitution and the laws o f the United Republic. (2) Every person has the right, in accordance with the procedure provided by law, to take legal action to ensure the protection o f this Constitution and the laws o f the land." Therefore, based on Article 26 of the Constitution the act by the Director under section 9(b) of the Media Act was exercised to protect the right of the community including of the petitioner to ensure the entire pubic get the right information. The argument that the said law is arbitrary as it failed to meet "proportionality text" set in the case of Kukutia Ole Pumbuni (Supra) that the law must not be arbitrary. Also, the argument that it 18

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