IEBC: Chiloba suspension still on, court rules


IEBC: Chiloba suspension still on, court rules
IEBC Chief Executive Officer Ezra Chiloba in parliament during a parliamentary proceeding. PHOTO/FILE

In Summary

  • The High Court on Thursday declined to quash the decision by IEBC to send CEO Ezra Chiloba on compulsory leave.
  • The court ruled that Chiloba has not met the legal threshold to allow him back to the office.
  • Employment and Labour relations court in Nairobi only last month temporarily recalled Chiloba from compulsory leave after he had been suspended by Chairman Wafula Chebukati for allegedly acting in violation of his employment contract by suing the commission.

Embattled Independent Electoral and Boundaries Commission (IEBC) Chief Executive Officer Ezra Chiloba will remain out of office for three months.

This is after the High Court declined to quash the decision by the commission to send him on compulsory leave.

The court ruled that Chiloba has not met the legal threshold to allow him back to the office.

“This court is of the view that the applicant has not met legal threshold or made out a case to warrant the granting of the order and therefore the court regrettably declines the invitation by the applicant,” court ruled.

Employment and Labour relations court in Nairobi only last month temporarily recalled Chiloba from compulsory leave after he had been suspended by Chairman Wafula Chebukati for allegedly acting in violation of his employment contract by suing the commission.

In his suit papers, the besieged CEO contended that the decision by Chebukati to send him on compulsory leave was “wrong, unconstitutional, malicious and did not follow any lawful procedure.”

But when Chiloba, on June 20, 2018, finally showed up at his Anniversary Towers office in Nairobi, he found new locks, clear signs that he was still an unwanted man at the electoral body.

“I came back but I couldn’t access the office… The doors are locked as you people reported. Of course I can’t force myself back but I hope this matter can be resolved through courts or in any other way…” Chiloba told Citizen TV.

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Story By Dzuya Walter
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