The Employment and Labour Relations Court has declined to lift the suspension of Independent Electoral and Boundaries Commission (IEBC) Chief Executive Officer Ezra Chiloba.
According to Judge Stephen Radido on Thursday said that Mr Chiloba’s application did not meet the legal threshold to allow him back to office again.
Mr Chiloba was suspended for the second time on June 15 by IEBC Chairman Wafula Chebukati hours after Judge Radido allowed him to resume work.
The judge lifted the initial suspension, arguing that the decision to send Mr Chiloba on forced leave did not have contractual obligation.
Judge Radido allowed Mr Chiloba to continue executing his duties as the court decides on the case he filed against Mr Chebukati and the commission.
The CEO was sent on leave pending the completion of the comprehensive audit of all major procurements relating to the August 8, 2017 general election as well as the fresh elections held on October 26, 2017.
According to the letter read in court, “As you are aware under clauses 3 and 5 of your employment contract, you are responsible for the prudent financial management of the commission’s finances, as well as the execution of all the commission’s programmes and plans in line with the constitutional mandate.”
It further indicated that, “The issues under investigation are weighty and touch on your role as the accounting officer.”
Mr. Chiloba was the CEO during the August 8 2017 general election that was reported to have had defaults leading to termination of the results.
After the August 2017 presidential election was nullified by the Supreme Court, the hidden cracks within the commission would lay bare.
Chiloba first suspension he went home to allow investigations of unstated ‘procurement issues’ at IEBC April, 12 Chiloba went to court and filed a petition seeking orders to quash his suspension.
Chiloba said that Chebukati did not follow the law in sending him on the three-month compulsory leave and that he was not given an opportunity to answer any allegations.
Commissioner Roselyn Akombe resigned from the commission after secretly flying out of the country. She would openly attack a section of the commissioners for bias and expressed security threats she faced.
Her departure however meant the commission was still fully constituted and its decisions binding according to the IEBC Act. Fast forward to after the repeat polls and several foiled attempts to oust Chiloba, Chebukati had his way in April.
Chiloba went home to allow investigations of unstated ‘procurement issues’ at IEBC
April 16, three commissioners, vice chairperson Connie Nkatha Maina and commissioners Margaret Mwachanya and Paul Kurgat resigned saying they had no faith with the leadership of Chebukati.
According to the three commissioners at the time said, “For too long and way too many times, the commission chair has failed to be the steady and stable hand that steers the ship in difficult times, and gives directions when needed.”