Agogo v County Secretary County Assembly of Taita Taveta & 2 others (Petition E015 of 2024) [2025] KEELRC 1234 (KLR)
The bottom line
#The Employment Court in Mombasa dismissed a worker's claim of over Ksh. 423,000 because it was filed more than three years late and in the wrong form.
What this practically means
#Executive summary
#Key legal issues
#Whether the petition was a proper mode of bringing the employment claim
Not a proper petition; the claims were employment dues claimable by Memorandum of Claim
The petitioner claimed Ksh. 423,726 and alleged violation of Article 41. The court, following Athmani Hassan and Munga, held that Article 41 rights are elaborated in the Employment Act and Labour Relations Act, and the ELRC Rules permit constitutional allegations to be raised in a Memorandum of Claim. Invoking the petition route was unnecessary since no breach of law beyond statutory protection was alleged.
Whether the claim was time-barred under section 90 of the Employment Act
Yes; cause of action arose 30 April 2020 and the claim was filed 5 November 2024, well beyond three years
Section 90 requires employment claims within three years of the cause of action. The petitioner should have filed by 30 April 2023. Following Thuita Mwangi, filing a petition rather than a Memorandum of Claim cannot cure the time bar. The court thus lost jurisdiction and discretion to extend time.
Whether the court had jurisdiction to determine the petition
No; the time-barred and improperly constituted claim removed jurisdiction
Because the claim was filed outside the statutory limitation period and in improper form, the court held jurisdiction was ousted and it could not entertain the petition, invoking the principle that a court without jurisdiction must down its tools.
Legal principles established
#- Employment rights under Article 41 elaborated in statute should be pursued by Memorandum of Claim, not constitutional petition, absent breach of law beyond statutory protection
- A claim filed out of time under section 90 of the Employment Act deprives the court of jurisdiction and discretion to extend time
Court orders
#- 1.The petition is dismissed with costs to the respondents
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act and the ELRC (Procedure) Rules; objections under section 90 of the Employment Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Agogo v County Secretary County Assembly of Taita Taveta & 2 others (Petition E015 of 2024) [2025] KEELRC 1234 (KLR)", Case Analysis (2025). Petition dated 20 May 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1234/eng@2025-04-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.