Chiloba files contempt case against Chebukati
Embattled Independent Electoral and Boundaries Commission Chief executive Ezra Chiloba has moved to court to challenge his suspension from office for the second time.
In a contempt of court suit, he has sued the IEBC, its chair Wafula Chebukati as well as commissioners Abdi Yakub Guliye and Boya Mulu.
Through lawyer Andrew Wandabwa, he accuses them of acting contrary to the order issued by the Employment and Labour Relations court last week which allowed him to assume office.
“In brazen disregard, contravention and circumvention of the order, they have purported to suspend Mr Chiloba in a manner intended to otherwise render the decision ineffectual by acting contrary to the constitutional statutory and contractual framework,” said Mr Wandabwa.
He added: “the purported further decision is an outright affront to the integrity of the court process and Mr Chiloba’s rights, it is crucial for the court to immediately hear this matter to avert further violations of his rights as well as disobedience of orders issued.”
On June 14, Justice Onesmus Makau allowed him to resume duty after he was first sent on suspension earlier this year.
In October last year, Mr Chiloba bowed to pressure and took a three week break during the repeat presidential elections.
Opposition leaders had then called for his removal from office after the August 8, 2017 elections were nullified by the Supreme Court.
In his earlier suit, he pointed an accusing finger at Mr Chebukati for allegedly orchestrating his removal from his position.
And when he moved to court to challenge his removal from office, he yet again sent him on another three months suspension on the same day he obtained a reprieve order from the corridors of justice.
Mr Chiloba now wants the court to bar the IEBC and its current commissioners from implementing the decision to send him on a suspension a second time and that the matter be heard on a priority basis.
High Court judge Stephen Radido will hear the case on July 4.
