, NAIROBI, Kenya, July 20 – Embattled Independent Electoral and Boundaries Commission (IEBC) Chief Executive Officer (CEO) Ezra Chiloba has failed to procure an order to lift his suspension.
Trial judge Justice Stephen Radido, said that the explanation given by Chiloba over his suspension does not have any legal requirement to warrant the lifting of his suspension.
Justice Radido said in a ruling that the application by Chiloba has not convinced the court to grant the orders he sought
“Flowing from the above and in consideration of the robust remedies the law has now provided where a finding of unfair termination of employment is made, the court regrettably declines the invitation by the applicant,” he said.
Chiloba was suspended by the Commission on June 14, a few hours after he obtained a court order, lifting an earlier suspension.
The court had last week ruled that the chairman Wafula Chebukati and commissioner Abdi Yakub Guliye and Boya Molu should show cause why they should not be cited for contempt, for disobeying a court directive over his reinstatement.
Chebukati had in a statement defended the second suspension saying that it was in the public interest that an internal audit being conducted, be completed.
He denied disobeying the court order adding that they were justified in suspending the CEO to allow the completion of the audit.
He said after meeting at plenary, members of the Commission noted that the on-going in-depth procurement audit by both internal and external auditors was yet to be completed and the presence of Chiloba might interfere with it.
“The members therefore resolved to suspend the petitioner for three months pending the completion of the comprehensive audit of all major procurements relating to the general elections of 8th August 2017 and fresh presidential elections held on 26th October 2017,” he said.
He added that being the CEO, who all employees including the internal auditors themselves report to administratively, it is obvious that Chiloba will interfere with the audit.
“That the need to suspend the petitioner became even more apparent in the recent times as the petitioner/applicant has since his suspension proceeded on a threatening and blackmailing spree of the employees of the commission and even of the commissioners themselves,” he said.
Chebukati cited June 19, 2018, when Chiloba allegedly wrote him a letter categorically warning him to stop the audit process.
He said the suspended CEO has been against the over the tendering and procuring processes that he was in charge of.
But Chiloba dismissed the claims through lawyer Andrew Wandabwa saying they were hearsay.