IEBC defies court order, suspends Chiloba again

Written By: Beth Nyaga
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IEBC defies court order, suspends Chiloba again
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The Independent Elections and Boundaries Commission (IEBC) has suspended Ezra Chiloba again as the CEO/Accounting Officer until the on-going audit on procurement relating to the last General Election is complete.

The suspension for a period of three months takes effect immediately.

“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 execution of all commission programs and plans in line with the commission’s constitutional and legal mandate. The issues under investigations are weighty and touch on your role as the accounting officer. The outcome of the in-depth audit will inform any further action by the commission,” the statement sent to newsrooms read in part.

The commission also noted that Chiloba had violated his employment contract which prohibits him from suing the Commission while in employment and disclosing the official or classified information, concerns, affairs, facts or accounts of the commission or any participants during your employment or after its termination for any reason without the prior written consent of the commission.

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This comes a few hours after the Employment and Labour Relations Court temporarily recalled Chiloba’s suspension pending the hearing and determination of an application he filed challenging the decision that ordered him to go on compulsory leave.

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The ruling, made by Justice Stephen Radido allowed 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.

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Chiloba 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, he was contending that the decision made by 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 Chebukati, the then IEBC Vice-Chairperson Consolata Maina and commissioners Abdi Guliye, Boya Mulu, Margaret Mwachanya, Paul Kurgat, 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.

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