IEBC Chief Executive Officer Ezra Chiloba has moved to court to challenge the decision by IEBC Chair Wafula Chebukati to send him on compulsory leave.
Chiloba argues that the decision by Chebukati is unconstitutional, malicious and failed to follow procedure.
Chiloba now wants the court to quash the decision and allow him to resume office to carry out his functions.
In a petition filed at the labour and employment relations court Chiloba pleaded with the court to quash the decision by IEBC Chair Wafula Chebukati to send him home on three months compulsory leave pending an audit into issues affecting procurement at the electoral body.
Chiloba claims that he was not informed of the specific nature of his misconduct and the consequences of the offence that culminated in him being sent home.
Chiloba says he has enjoyed excellent working relations with both the staff of the commission and commissioners until April last year when differences of opinion began to emerge between the secretariat, the chairman and some commissioners.
The electoral body CEO further argues that the move by Chebukati and two commissioners to send him home for three months without an opportunity to be heard is unconstitutional, malicious and has the effect of removing him from employment.
Chiloba who claims to have been subjected to untold psychological stress, mental anguish and tainted reputation wants the court to overturn the decision and allow him resume his duties as the IEBC CEO pending the hearing and determination of his petition.
Justice Stephen Radido certified the matter urgent ahead of Friday’s hearing.