Independent Electoral and Boundaries Commission (IEBC) CEO Ezra Chiloba will remain out of office for three months after the Employment and Labour Relations Court declined to lift the suspension.
Judge Stephen Radido said that the embattled CEO did not meet 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,” Radido ruled.
In June, Chiloba was allowed temporarily allowed back to work only to find doors to his office locked.
He then sought to have Chairman Wafula Chebukati and commissioners Abdi Guliye and Boya Molu held in contempt of court.
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He further termed Chebukati’s actions as unfair arguing that his suspension violated his constitutional right to fair labour practices and administrative action.
“The commissioners and chairman’s actions, conduct, endeavours of sending the applicant on further purported suspension in effect removes him from his employment and are without any basis in law, malicious, high-handed, capricious and calculated to injure him,” he said in an urgent application filed on June 22 read in part.
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