Chiloba suspended hours after Court reinstated him

Independent Electoral and Boundaries Commission (IEBC) Chairman Wafula Chebukati has suspended CEO Ezra Chiloba just hours after the High Court reinstated him (Chiloba).

In a letter dated June 14, 2018 and addressed to Mr. Chiloba, the IEBC chairman accused the CEO of acting in violation of his employment contract which apparently bars him from suing the commission.

Chebukati said the commission had convened a meeting on Thursday and resolved to suspend the CEO pending conclusion of investigations into the procurements of last year’s elections.

“This is to notify you that following the meeting of the commission held on 14th June  2018 pursuant to Article 250(1) of the Constitution and Section 7 of the IEBC Act 2011, the commission has resolved to suspend you with immediate effect as CEO/ Accounting officer of the commission pending  the completion of comprehensive audit of all  major procurements relating to the General Election of 8th August 2017 and fresh presidential election  held on 26th October 2017, ” reads the letter.

“The commission notes that you have acted in outright violation of Clause 14(c) and 15 of your Employment Contract which prohibit you from suing the commission  while in employment and disclosing the official/ classified information, concerns, affairs, facts or accounts of the commission or any of its participants  during your employment  or after its termination for any reason without the prior written of the Commission. ”

The Employment and Labour relations court in Nairobi on Thursday temporarily recalled Chiloba from compulsory leave.

The ruling, made by Justice Stephen Radido, allowed Chiloba, who was suspended in April this year by Chebukati to continue with his duties pending hearing and determination of a case he filed.

Chiloba had filed a petition challenging the decision by Chebukati to send him on a 3-month compulsory leave in what was said was as a result of “procurement issues.”

In his ruling, the judge maintained that IEBC did not follow the law in sending Chiloba on compulsory leave.