Court now summons Chebukati over Chiloba suspension

IEBC Chairman Wafula Chebukati is expected to appear in court in person within 30 days to show cause why he should not be committed to civil jail over suspension of CEO Ezra Chiloba.

The order was given by Justice Stephen Radido who also directed that commissioners Abdi Yakub Galiye and Boya Molu appear in court.

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“This honorable court does issue a 30-day notice to Wafula Chebukati, Abdi Yakub Galiye and Boya Molu to personally attend court to show cause why contempt of court proceedings should not be commenced against them,” the order reads.

In the case, Chiloba had moved to court against his boss and the commission seeking to have Chebukati jailed for six months for denying him access to his office.

Chiloba also claims that Chebukati and his team purported to suspend him in a manner intended to otherwise render the decision of the court ineffectual.

He wants the court to set aside the decision made by the commission in a letter that suspended him for a second time despite a court order for his reinstatement.

During Thursday’s hearing, Chiloba through his lawyer Andrew Wandabwa, told the court was told that due process was not followed.

“We have never been given opportunity to defend the report,” Wandabwa argued.

The commission on its part has filed a preliminary objection saying that the court has no jurisdiction to hear Chiloba’s petition.

According to them, the application by Chiloba raises new cause of action as the suspended CEO cannot demand for the report that indicted him.

“The report can’t be given to him before any charge is preferred against him,” the court was told.

A ruling on the matter will be delivered on Thursday, July 19.