Troubled Independent Electoral and Boundaries Commission (IEBC) CEO Ezra Chiloba will wait a little longer to have the last laugh over his suspension.
IEBC chairman Wafula Chebukati on Thursday suspended the youthful CEO hours after his earlier suspension was squashed by the Employment and Labour Court.
Justice Stephen Radido termed the suspension ‘unfair’ as it lacked any legal foundation.
While admitting Chebukati could still take any action to send Chiloba on leave if he follows their Human Resource and Administration Policies and Procedures manual, he threw in an advice to Chiloba to rethink his position if he resumed duties given the bad blood between him and his boss.
Barely 6 hours later, Chebukati would for the second time sent Chiloba home pending the completion of an audit of all the procurements related to August 2017 elections and the repeat presidential elections held in October the same year.
“The issues under investigation are weighty and touch on your role as the Accounting Officer of the commission. The outcome of the in-depth audit will inform any further action by the commission.” Chebukati’s letter read.
A tough talking Chebukati further warned Chiloba from suing the troubled commission claiming that it was against the IEBC Employment Contract.
“Commission notes that you have acted in outright violation of clause 14 (c) and 25 of your Employment Contract which prohibit you from suing the commission while in employment or disclose the official or classified information, concerns, affairs or accounts of the commission or any of its participants during your employment or after its termination for any reason without prior consent of the commission,” the letter added.
Where did it begin?
After the August 2017 presidential election was nullified by the Supreme Court, the hidden cracks within the commission would lay bare.
Commissioner Roselyn Akombe resigned from the commission after secretly flying out of the country. She would openly attack a section of the commissioners for bias and expressed security threats she faced.
Her departure however meant the commission was still fully constituted and its decisions binding according to the IEBC Act.
Fast forward to after the repeat polls and several foiled attempts to oust Chiloba, Chebukati had his way in April.
Chiloba went home to allow investigations of unstated ‘procurement issues’ at IEBC
April, 12 Chiloba went to court and filed a petition seeking orders to quash his suspension.
Chiloba said that Chebukati did not follow the law in sending him on the three-month compulsory leave and that he was not given an opportunity to answer any allegations.
“The purported decision was arrived at without the requisite quorum in terms of the number of Commissioners required for the Commission to transact business as envisaged in the Second Schedule to the IEBC Act,” Chiloba said in his affidavit.
Two days later, Chiloba lost the bid to lift his compulsory three-month suspension from the IEBC.
Big fallout
April 16, three commissioners, vice chairperson Connie Nkatha Maina and commissioners Margaret Mwachanya and Paul Kurgat resigned saying they had no faith with the leadership of Chebukati.
"For too long and way too many times, the commission chair has failed to be the steady and stable hand that steers the ship in difficult times, and gives directions when needed,” the three IEBC commissioners said.
