should provide adequate safeguards against arbitrary decisions and
effective controls against abuse by those in authority when excising the
law and, it must not be more than is reasonably necessary to achieve
the legitimate object and added a test from the case of Daudi Pete
(supra) that it should be a corollary of the reality of co-existence of
rights and duties of the individual on the one hand and the collective or
communitarian rights and duties of the society on the other as also
stated again in Kukutia's case (Supra) at page 166. Also the case of
India of Maneka Gandhi (Supra) and a test in the decision of Eastern
African Court of Justice in Civil Reference No. 2 of 2017 between
Media Council of Tanzania & 2 others vs Attorney General of
United Republic of Tanzania at page 27.
In determining whether the argument raised above falls within
the parameters set in the above authorities. We are in agreement with
the position laid down in the above cases especially of Kukutia Ole
Pumbuni (Supra) and it is our finding that the alleged law does meet
the said criteria. First of all, the law giving power to the Director under
section 9 (b) is one of the safeguards that when one individual enjoys
his rights and freedoms. Such exercise should be with due regard to the
rights and freedoms of others, collective security, morality, public
19
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