Employment and Labour Relations Court has temporarily recalled IEBC CEO Ezra Chiloba suspension pending the hearing and determination of an application he filed challenging the decision that ordered him to go on compulsory leave.
The ruling, made by Justice Stephen Radido allows Chiloba, who was suspended in April by IEBC chairman Wafula Chebukati to continue with his duties pending hearing and determination.
In his ruling, the judge maintained that IEBC did not follow the law in sending Chiloba on compulsory leave.
“In view of the court, it would not be proportionate and in public interest to uphold a decision taken without legal or contractual foundation by an employer,” ruled judge Radido.
According to the judge, it would not be proportionate and in public interest to uphold the decision by IEBC because the decision had no contractual or legal foundation.
The Judge said being a constitutional organ; IEBC should uphold the highest standards in its operations.
He filed the case after Chebukati suspended him for three months to create room for scrutiny of unspecified “procurement issues” at the commission.
In his suit papers, Chiloba contends that the decision Chebukati to send him on compulsory leave was “wrong, unconstitutional, malicious and did not follow any lawful procedure.”
The CEO points an accusing finger at Chebukati for allegedly orchestrating his removal.
Although he has sued Mr Chebukati, the then IEBC Vice-Chairperson Consolata Maina and commissioners Abdi Guliye, Boya Mulu, Margaret Mwachanya, Paul Kurgat and the commission, Chiloba, through his lawyer Andrew Wandabwa, argues that it all boils down to his differences with Chebukati.
The judge directed sued parties to file responses to the case so that the hearing is expedited.