Kenya: The Court declares that the suspension of Chiloba at IEBC will remain in force

By Simon Ndonga

Nairobi – Ezra Chiloba, the Executive Director (CEO) of the Independent Electoral and Boundaries Commission (IEBC), has not been ordered to lift his suspension [19659003] Chiloba's explanation regarding his suspension has no legal obligation to justify the lifting of his suspension.

Judge Radido stated in a ruling that Chiloba's application had not convinced the court to grant the orders he was seeking

"In view of the foregoing and counts Given the strong remedies that the law now provides in case of finding of unfair dismissal, the court unfortunately rejects the invitation of the applicant, "he said.

Chiloba was suspended by Commission on June 14, a few hours after obtaining a court order, lifting a suspension earlier.

The court said last week that President Wafula Chebukati and Commissioner Abdi Yak Ub Guliye and Boya Molu should explain why they should not be cited for contempt for disobeying a court direction on his reinstatement.

Chebukati had defended in a statement the second suspension saying that it was in the public interest that an internal audit

He denied disobeying the court order adding that it was justified to suspend the CEO to allow the completion of the audit.

He said that after a plenary meeting, the members of the In-depth audit of the procurement by the internal and external auditors was not yet complete and the presence of Chiloba could interfere with that -this.

"The members therefore decided to suspend the petitioner for three months pending the completion of the comprehensive audit of all major acquisitions relating to the 8 August 2017 legislative elections and the new presidential elections held on 26 October 2017. "

He added that being the CEO, that all employees, including the internal auditors themselves, report administratively, it is obvious that Chiloba will interfere with the audit.

"That the need to suspend the petitioner has become even more apparent lately as the petitioner / petitioner His suspension was held under the threat and blackmail of the employees of the commission and even the commissioners themselves "

Chebukati quoted on June 19, 2018, when Chiloba allegedly wrote him a letter warning him categorically to stop the verification.

He said that the suspended CEO had been opposed to the processes of submission and supply for which he was responsible.