By Dr. Arthur Kirunji
To state a fact is not to prove it. Courts rely on evidence and the standard is that whoever alleges must prove.
She says that the Ministry of Health contracted her and promised shs 500m for the advert: the onus is one her to prove it. She says her image is worth that price, more than the Nabagereka, Katikiro, and others who offered the same service: again she will have to be put to strict proof.
A notice of intention to issue from her lawyers does not amount to a court award.
Unless she serves the Ministry with formal court papers, she will not substantiate her claim on social media. According to the law, any contract whose value exceeds 25 currency points (500k) shall be in writing.
Secondly, government does not procure its services by word of mouth – it has to be through an elaborate procurement system finalized with an award of contract. Whereas BB may not know this, but ignorance of the law is not a defence.
It is curious how she will prove her case. This at best appears like a social media gimmick aimed at having the Ministry call her for “KITUKIDOGO” to shut up, or having a call from the President like it has been with others in her category.
If she misadventures to go to court, I trust government will have a good defence, obviously at her cost and embarrassment.
Actually if the individuals within the Ministry opened cases for cyber harassment basing on the vulgarity she has been unleashing against them in the previous days, or her comments on COVID19 that are similar to those that landed Pr. Yiga in Prison, they would successfully have her arrested and urgently prosecuted.
Let us pray that they maintain their cool.
