be more than is reasonably necessary to achieve the legitimate object. This is what is also known as the principle of proportionality. The principle requires that such law must not be drafted too widely so as to net everyone including even the untargeted members of the society". They added that, a similar position was reached in the case of Kukutia Ole Pumbun and another v. Attorney General and another [1993] T.L.R 159. Regarding limitation to some rights, the learned counsel referred us to the decision of the Supreme Court of Canada in the case of R v. Oakes [1986] 1SCR 103 which had the following in deliberation: "The onus of proving that a limitation on any Charter right is reasonable and demonstrably justified in a free and democratic society rests upon the party seeking to uphold the limitation. Limits on constitutionally guaranteed rights are clearly exceptions to the general guarantee. The presumption is that Charter rights are guaranteed unless the party invoking s. 1 can bring itself within the exceptional criteria justifying their being limited". With regard to burden of proof, they cited a Ugandan case of Charles Onyango Obbo and another vs. Attorney General, (Constitutional Petition No. 15 of 1997) [2000] UGCC 4 where the Court underscored: "It is important to determine who bears the burden to prove the constitutionality or unconstitutionality of an Act or law complained of. In other Commonwealth jurisdictions which have operated' written Constitutions for much longer period than us, it has been determined that it is the duty of a person who complains that his rights and freedoms have been violated to prove that indeed the State or any other authority has taken an action under the authority of a law or that there is an act or omission by the State which has infringed on any of the rights or freedoms of the petitioner enshrined on any of the rights or freedoms of the petitioner enshrined in the Constitution. Once that is established, it is the duty of the State or that other authority which seeks to restrict a guaranteed right or freedom to prove that the freedom to prove that the restriction is necessary within the limits prescribed by the Constitution". Page 5 of 37