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
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