, NAIROBI, Kenya, Jun 14 – Besieged Independent Electoral and Boundaries Commission CEO Ezra Chiloba has triumphed against the decision by his employer to send him on a six month compulsory leave to pave way for internal audit.
The Employment and Labour Relations has quashed the April 6 decision saying it did not comply with the IEBC Act.
In his finding, Justice Stephen Radido has concluded that the polls body did not have contractual authority to send Chiloba on forced leave.
The judge found that IEBC had other contractual options available to them before making the move but it did not consider them.
“In my view the compulsory leave was tantamount to removing him from office without complying with the IEBC Act,” he ruled.
Chairman Wafula Chebukati had defended the move insisting that sending Chiloba on leave was necessary to carry out comprehensive investigations into procurement related to last year’s General Election.
It was contended that the resolution was made in good faith to enable the commission audit all major procurements made.
Chiloba had on his part protested the move accusing Chebukati of making a unilateral decision without following the laid down procedures.
In addition, Chiloba had argued that he was not given an opportunity to defend himself.