Chebukati’s decision illegal, says Chiloba
IEBC Chief Executive Officer Ezra Chiloba is challenging his suspension. PHOTO | FILE | NATION MEDIA GROUP
What you need to know:
Mr Chiloba has challenged his suspension in the Employment and Labour Relations Court, argued the acts of the three IEBC officials were motivated by the desire to harm him.
He said as currently constituted, the commission is unable to authorise Mr Chebukati to file a reply on its behalf or on behalf of the two commissioners.
Mr Chiloba accused the chairman of orchestrating his removal because of differences on issues such as assignment of duties to staff.
Suspended electoral commission’s CEO Ezra Chiloba has faulted his being sent on compulsory leave, saying less than five members arrived at the decision.
Further, Mr Chiloba stated in a sworn statement that the commission’s chairman Wafula Chebukati and commissioners Abdi Guliye and Boya Molu acted in their personal interest and not for the benefit of the public as alleged.
“It follows, therefore, that since the decision by the first, third and fourth respondents to send me on compulsory leave was made with less than five members in attendance, the decision is illegal,” he said in the statement.
LABOUR COURT
Mr Chiloba, who has challenged the move in the Employment and Labour Relations Court, argued the acts of the three Independent Electoral and Boundaries Commission (IEBC) officials were motivated by the desire to harm him.
He said as currently constituted, the commission is unable to authorise Mr Chebukati to file a reply on its behalf or on behalf of the two commissioners. “The replying affidavit is, therefore, incompetent to the extent to which it is purported to have been sworn on behalf of the commission,” he said.
PROCEDURES
He agreed that whereas the commission enjoys an oversight role over the secretariat, this is achieved through various committees and the full plenary in keeping with the applicable laws and regulations.
“This oversight role cannot be undertaken at the whim of an individual commissioner or the chairman or without due regard to laid down procedures,” he said.
Mr Chebukati had defended the move to send the CEO on compulsory leave for three months, arguing that it was done in good faith. He said the decision to send Mr Chiloba on leave would enable the commission to undertake a comprehensive audit of all the major procurements that related to the 2017 General Election the repeat poll held on October 26.
DIFFERENCES
Mr Chiloba accused the chairman of orchestrating his removal because of differences on issues such as assignment of duties to staff, the procurement of the Kiems kits and ballot papers, in addition to the way last year’s presidential election was conducted.
He further said he was never given a chance to defend himself and to date the Internal Audit Report upon which the decision to send him on leave was premised, has never been formally presented to him.
But Mr Chebukati has dismissed the claims stating that Mr Chiloba was given a chance to respond to the questions regarding the procurement of the electoral materials in so far as the procurement of the 2017 election was concerned.
CONSTITUTION
Mr Chebukati has further accused Mr Chiloba of using confidential information “obtained illegally” to institute the case in violation of his letter of employment, the Access to Information Act, Section 27 of the IEBC Act and the Constitution.
He wants the court to expunge from the record the IEBC confidential information filed by Mr Chiloba, supporting his case.
