Narok Senator Ledama Ole Kina has suffered a major setback after the Labour Court declined to suspend enforcement of a judgment ordering him to pay over Sh1.2 million to a former aide he unlawfully dismissed.
In a ruling delivered by Justice Agnes Kitiku Nzei of the Employment and Labour Relations Court in Nairobi, the Senator’s application to stay execution and set aside the judgment was dismissed. The court found no merit in his bid to escape liability nearly three years after the matter was decided against him.
The dispute dates back to September 26, 2023, when Justice Jacob Gakeri found that the Senator had unfairly and unlawfully terminated Zakayo Rotiken’s employment without valid reason, notice, or due process.
Rotiken had served as the Senator’s constituency co-ordinator from September 1, 2017 on a consolidated monthly salary of Sh45,000. His difficulties began when his salary went unpaid for several months between 2017 and 2020, a grievance that remained unresolved throughout his employment.
The matter escalated in September 2020 when Rotiken raised salary arrears of Sh152,945.25 during a meeting attended by Mr Lekaton and Geoffrey Ngayo. He denied allegations of insubordination, stating that the Senator had been hostile towards him.
Just four days later, on September 7, 2020, he received a termination letter with immediate effect, giving no reasons for the dismissal. “Without a show-cause notice, a response from the employee, an invitation to a disciplinary hearing, or minutes of such proceedings, the termination could not be regarded as procedurally fair,” Justice Gakeri ruled.
Justice Gakeri ruled that the termination was both procedurally and substantively unfair, citing the absence of a show-cause notice, hearing, or valid justification.
The court ordered the Senator to pay salary arrears of Sh90,389.70, two months’ salary in lieu of notice amounting to Sh80,946, gratuity at 31 per cent of total earnings, plus costs and interest. Taxed costs of Sh162,214.67 later pushed the total liability beyond Sh1.2 million.
The Senator failed to participate in the proceedings despite being duly served between September 2021 and January 2022. He only moved to court after auctioneers began execution in November 2025.
Justice Nzei rejected his application, noting he had offered no explanation for his prolonged silence. The court also dismissed his attempt to enjoin the Parliamentary Service Commission, stating it had never been a party to the case and could not be added after judgment.