“The foregoing is sufficient evidence that the claimant was an employee of the respondent.”. “Evidently, there is no documentary evidence before the court to show that the respondent took the claimant through a fair disciplinary process”-Judge Dr Jacob Gakeri, September 27, 2023
Narok Senator Olekina Ledama is facing a former employee in court who claims that he was unfairly dismissed from work by the legislator. The Senator, who has taken every opportunity to denounce senior government figures seen as complicit in oppressing civilians, has himself been badly exposed.
The Weekly Vision has had access to court documents in which the Senator was sued by Mr Zakayo Rotiken, a former employee, in what Mr Rotiken says was an unjust dismissal. In an affidavit, he said that the senator fired him without cause, explanation, or justification and failed to pay his dues.
The letter of termination of employment dated September 7, 2020, stated in part, “This is to inform you that I have terminated your services with immediate effect.” According to court papers, Mr. Rotiken was employed by the senator on September 1st, 2017 as a Constituency Coordinator at a consolidated salary of Ksh. 45,000 per month. The senator terminated his employment on September 7th, 2020, and was not paid salary for July and August 2020 and the 7 days of September 2020, in addition to other salary arrears dating as far back as 2018.
Interestingly, when Mr. Rotiken requested his pay, the senator retorted that he could not take him anywhere and terminated his employment. Further, he revealed that the senator was very hostile towards him. During the hearing, Mr. Rotiken provided a signed copy of the confidential agreement he had signed with the senator. He further provided a copy of the minutes of a meeting held on September 3, 2020, with Mr. Lekaton and Geoffrey Ngayo duly executed by the attendees, including himself.
In a judgement dated September 27, 2023, Judge Dr. Jacob Gakeri noted “The foregoing is sufficient evidence that the claimant was an employee of the respondent.”. The judge further stated that “evidently, there is no documentary evidence before the court to show that the respondent took the claimant through a fair disciplinary process”.
The ruling reads in part “From the foregoing, it is the finding of the court that termination of the claimant’s employment was unfair for lack of substantive justification and procedural fairness”.
According to the minutes dated September 3, 2020, availed by Zakayo, which evidence is uncontroverted, the senator owed Zakayo the sum of Ksh.152,945.28 in salary arrears for April 2018, Ksh.37,490.75, September 2019, Ksh.37,490.75, December 2019, Ksh.37,490.75, and June 2020, Ksh.40,473.00. The judge noted, “Since the minutes were duly signed by the three attendees and there is no evidence to the contrary, the amount claimed was owing and is accordingly awarded”.
