We agree with Mr. Mpoki that the right enshrined under Article 13
(6) (a) of the Constitution is unchallenged as never disputed by the
State Attorney. However, analysing his argument that this right was
violated, we have directed ourselves to the facts given in the pleadings
and failed to see any fact therein proving that the UHURU media was
not accorded with the said right before the suspension of the Article so
to violates Article 13(6)(a) of the Constitution.
Besides, the learned
State Attorney clarified that when Media service providers violate the
terms of the licence, they are given the right to be heard and state their
case before licence is cancelled by the Director.
Therefore, as the law requires that the one who alleges must
prove
as
held
in
several
authorities
such
as
that
of
Barelia
Karangirangi vs Asteria Nyalwambwa, Civil Appeal No. 237 of
2017. The Court of Appeal at page 7,8,9,10 and 11 it was held that;
" The burden o f proof in a suit lies on that person who would fail if
no evidence at all were given on either side".
Also, the case of Paulina Samson Ndawavya vs Theresia
Thomas Madaha, Civil Appeal No. 45 of 2017. Which one of its held
was that,
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