basic right guaranteed under article 18 of the Constitution and not to
curtail or violate the such right by the exercise of power by those
authorities when applying the law.
Moreover, looking on allegations made in respect section 10 (1)
and (3) of the Act that are violative of article 18 of the Constitution in
contravening the right and fair hearing enshrined under article 13 (6)
(a) of the Constitution so to be declared null and void and be struck out
from the law.
Our attention is on the petition and its supported pleadings with a
view of the facts and prayers therein. We again have to remind the
petitioner that, the claims before this Court is to challenge the provision
of section 9(b) of the Media Act to be unconstitutional so to be
expunged from the Act. Nothing has been pleaded in respect to the
issues concerning with section 10 (1) and (3) of the Media Act.
This has also argued by Ms. Lucy Kimaryo, State Attorney for the
respondent that this petition is to challenge the act of the Director of
Suspending the Publication and Distribution of Uhuru Newspaper for 14
days, as indicated in paragraphs (e), (f) and (g) of the particular of
facts in the Originating Summons and paragraph 6, 7 and 8 of the
Applicant's Affidavit in support of the originating summons. Insisting
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