Rotiken v Ole Kina, Senator Narok County & another (Cause E165 of 2021) [2026] KEELRC 1102 (KLR) (24 April 2026) (Ruling)

Rotiken v Ole Kina, Senator Narok County & another (Cause E165 of 2021) [2026] KEELRC 1102 (KLR) (24 April 2026) (Ruling)

The application to set aside the ex-parte judgment and enjoin the Parliamentary Service Commission was dismissed because the Respondent/Applicant failed to provide any valid reason for non-participation in the original proceedings, and the Parliamentary Service Commission was never a party to the suit. The rights of the parties had already been determined, and no sufficient cause was shown to disturb the judgment.

Citation
[2026] KEELRC 1102 (KLR)
Parties
Claimant/respondent: Zakayo Rotiken; Respondent/applicant: Hon. Ledama Ole Kina; Interested Party: Betabase Auctioneers
Court
Employment and Labour Relations Court
Jurisdiction
Kenya
Judgment Date
24 April 2026
Case Number
Cause E165 of 2021
Procedural Posture
Employment and Labour Relations Cause / Ruling on Application to Set Aside Ex Parte Judgment and Enjoin Party
Outcome
Application dismissed with costs
Legal Topics
Setting Aside Ex Parte Judgment, Enjoinment of Parties, Execution of Decree, Costs
Source Language
English
Employment Law Civil Procedure Setting Aside Ex Parte Judgment Enjoinment of Parties Execution of Decree Costs

Case Brief

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Parties

Zakayo Rotiken

Claimant/respondent

Hon. Ledama Ole Kina

Respondent/applicant

Betabase Auctioneers

Interested Party

Procedural Posture

Employment and Labour Relations Cause / Ruling on Application to Set Aside Ex Parte Judgment and Enjoin Party

Legal Issues

  1. 1 Whether the ex-parte judgment should be set aside
  2. 2 Whether the Parliamentary Service Commission should be enjoined as a party after judgment
  3. 3 Whether the Respondent/Applicant has shown sufficient cause for non-participation

Ratio Decidendi

The application to set aside the ex-parte judgment and enjoin the Parliamentary Service Commission was dismissed because the Respondent/Applicant failed to provide any valid reason for non-participation in the original proceedings, and the Parliamentary Service Commission was never a party to the suit. The rights of the parties had already been determined, and no sufficient cause was shown to disturb the judgment.

Court Disposition

Application dismissed with costs

Orders

  • Notice of Motion dated 15th December, 2025 is dismissed with costs
  • Interim stay of execution previously granted is now spent