, NAIROBI, Kenya, Apr 23 – Embattled Independent Electoral and Boundaries Commission Chairperson Wafula Chebukati has defended the polls body decision to send Chief Executive Offier Ezra Chiloba on three-months forced leave.
Chebukati says the April 6 move was made in good faith to enablto e the Commission undertake a comprehensive audit of all major procurements with regard to last year’s General Election.
In response to Chiloba’s case which is contesting the resolution, Chebukati seeks to have it dismissed on grounds that he did not seek prior approval before instituting it.
In his replying affidavit, Chiloba explains that while still an employee of the polls body, Chiloba is prohibited from instituting any legal proceedings against the IEBC without his approval.
Chebukati has gone on to say that the decision was taken by the Commission and not the Commissioners in their individual capacities.
“The Commissioners are protected against personal liability for the decisions and powers exercised as Commissioners of the IEBC,” he states.
Through lawyer Tom Ojienda, Chebukati has accused Chiloba of using confidential information obtained illegally through his position to institute the case in violation of Access to Information Act of IEBC.
Chebukati has implored the Employment and Labour Relations court to strike out the application on grounds that it is prejudicial to the Commission as it seeks prayers against it.
Chiloba moved to court complaining that he was not accorded a hearing before the move to send him on leave was reached.