The Employment and Labour Relations Court has temporarily suspended the hiring of the Independent Electoral and Boundaries Commission (IEBC)’s new Chief Executive Officer (CEO).
Extending the orders to stop the process, Justice Bryan Ongayo granted a request filed by Chama Cham Mawakili (CCM).
According to the lawyers’ lobby group, CCM, IEBC was not following the law as it planned to replace Ezra Chiloba who was dismissed for allegedly flouting tendering processes.
They further claimed that despite the agency having assured the public that it shall publish all the names of the applicants for the CEO position, the shortlisted candidates and the reasons for that decision within two weeks, IEBC failed to do so.
According to CCM, the failure was a violation of Article 35 of the Constitution on access to information as well as its own press release dated June 7.
CCM argued that failure to comply with the law would result to IEBC having an unsuitable CEO on account of having been selected through a process that is not open, transparent and competitive contrary to the Constitution of Kenya, 2010, the IEBC Act as well as the Commission’s Human Resource (HR) Recruitment Policy.
The electoral commission had earlier in June shortlisted ten candidates out of 97 applicants for that position.
They included Mabonga Joel Lusweti, Nakitari Okuku Humphrey, Aura Zephania Okeyo, Kioko Paul Christopher Kimali, Kariuki Nancy Wanjiku, Marjan Hussein, Murigi Elishiba Muthoni, Tarus Benjamin Kipchumba, Mwasi Anne Kerubo and Khalid Billow.
The Interviews were to be carried out at the Commission’s offices at Anniversary Towers 6th Floor from June 24 to June 26.
The Commission and the Attorney General have now been given two weeks within which they are required to file their responses to the application.
The case will be heard on July 10.