Narok Senator Ledama Ole Kina has lost a bid to stop the attachment of his property over a Sh983,186 labour court award owed to a former employee.
The Employment and Labour Relations Court in Nairobi dismissed his application seeking to suspend execution of the decree, set aside the 2023 judgment, enjoin the Parliamentary Service Commission (PSC), and file an appeal out of time.
In a ruling delivered on April 24, the court declined to halt execution of the decree arising from a September 2023 verdict that found the senator liable for unfairly dismissing Zakayo Rotiken.
The court found no merit in the senator’s bid to set aside the judgment, join the PSC to the case and seek leave to appeal out of time.
‘The applicant has not given/demonstrated any good/valid reason and/or shown any reasonable cause as to why the court’s judgment should be set aside,’ the court ruled, dismissing the application with costs and clearing the way for execution to proceed.
Auction threat
Mr Ole Kina filed the application in December 2025 after Betabase Auctioneers served him with a proclamation notice seeking to attach his movable property in execution of the court decree.
He told the court he only became aware of the judgment and ensuing execution process upon receiving the notice, prompting him to seek urgent intervention to halt enforcement, reopen the case and challenge liability, including a bid to bring in the PSC.
Court records show the dispute stems from a claim filed in February 2021 by Mr Rotiken, who accused the senator of unfair termination and non-payment of salary arrears.
In a judgment delivered on September 26, 2023, the court found that Mr Rotiken’s employment had been terminated without valid reason or due process.
Mr Rotiken testified that he was employed by the senator on September 1, 2017 under a written contract at a consolidated monthly salary of Sh45,000 and worked until September 7, 2020.
The court awarded him salary arrears of Sh90,389 together with gratuity calculated at 31 percent of total earnings, and compensation equivalent to two months’ salary amounting to Sh80,946, alongside costs and interest.
The total decretal sum later rose to about Sh983,186 after taxation of costs and accrued interest.
Court rejection
Despite being served with court documents, the senator did not file a response or participate in the proceedings, leading to an ex-parte judgment in favour of the claimant.
Execution proceedings began after the decree remained unsettled, culminating in the proclamation of the senator’s property by auctioneers.
It was only after the proclamation that the senator moved to court seeking urgent orders to stop the auction and reopen the case.
In his application, Mr Ole Kina argued that the dispute arose in the course of official duties at the Narok Senate office and that the PSC should assume responsibility for the claim.
He maintained that there were ‘serious and triable issues’ regarding who bore liability and asked the court to enjoin the commission to the suit.
However, the court rejected the arguments, noting that the PSC had never been a party to the proceedings and could not be introduced after the case had already been concluded.
‘A new party cannot be enjoined to a determined suit,’ the judge said, emphasising that the rights of the parties had already been settled in the 2023 judgment.
The court also faulted the senator for failing to explain why he did not defend the suit despite being properly served.
‘No reason is given as to why the respondent did not enter appearance, did not defend the suit, and did not participate in the proceedings,’ the court observed.
It further dismissed the request to set aside the judgment while simultaneously seeking leave to appeal, terming it legally untenable.
‘A party cannot ‘appeal’ against a judgment that is set aside,’ the judge ruled.
Lawyers for Mr Rotiken opposed the application, describing it as an abuse of the court process and citing an inordinate delay of more than three years.
The court agreed, finding that the delay had not been justified.