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Nation Media Group Limited v. Onesmus Kilonzo

(2015) JELR 105399 (CA)

Court of Appeal  •  Civil Application Nai 102 of 2015  •  17 Jul 2015  •  Kenya

George Benedict Maina Kariuki, Jamila Mohammed, James Otieno Odek



1. By Notice of Motion dated 16th April 2015, the applicant seeks orders to stay further proceedings before the Employment and Labour Relations Court in Nairobi Industrial Cause No. 2355 of 2012 between Onesmus Kilonzo -v- Nation Media Group Limited.

2. The applicant urges that one of the arguable questions in the intended appeal is whether a statutory provision that has been declared unconstitutional by the High Court ceases to exist in statute law by virtue of the court’s declaration of unconstitutionality or whether legislative action is required to implement the court’s declaration of unconstitutionality. The other arguable point is whether a court can declare a statutory provision unconstitutional thereby denying a litigant equal protection of law as provided in Article 27 (1) of the Constitution.

3. The relevant background facts are that respondent is a former employee of the applicant who was hired on a six (6) months’ contract. On 30th January 2012, two (2) mo…

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