Kamunga S Cynthia v Financial Gazette (Pvt) Ltd

Key Issues

• {"issue_text":"Whether section 18 of the Labour Amendment Act No 5 of 2015 violates sections 56(1) and 3(2)(k) of the Constitution through retrospective application","issue_type":"constitutional","dispositive":"no","related_facts":"Termination of contracts on 31 October 2015; amendment act applied retrospectively from 17 July 2015"}
• {"issue_text":"Whether section 93(5) of the Labour Act violates sections 68(1), 69(2) and 169(1) of the Constitution by removing right of appeal and compromising judicial independence","issue_type":"constitutional","dispositive":"no","related_facts":"Labour officer acts as conciliator, adjudicator and litigant; no clear appeal procedure"}
• {"issue_text":"Whether the request for constitutional referral is frivolous or vexatious","issue_type":"procedural","dispositive":"yes","related_facts":"Constitutional issues raised are serious and not groundless"}

Background