Ezra Chiloba has lost a bid to temporarily lift his suspension from the Independent Electoral and Boundaries Commission.
Judge Stephen Radido on Friday declined to grant the CEO’s request, saying he needed to to hear all parties and facts of the case first.
The Employment and Labour relations court judge pointed out that the case reveals a complex clash between employer and common law.
"The only prejudice to be suffered is the fact that Mr Chiloba will not be able to go to the office, therefore, court declines to issue the said orders," ruled Justice Radido.
The judge directed sued parties to file responses to the case so that the hearing is expedited.
Consequently, Mr Chiloba will have to go on the three months compulsory leave.
The case will be heard on May 7.
The suit Mr Chiloba filed against chairman Wafula Chebukati shows he was sent on compulsory leave as a result of a protracted battle involving five tenders for last year’s General Election.
The CEO points an accusing finger at Mr Chebukati for allegedly orchestrating his removal.
Although he has sued Mr Chebukati, IEBC Vice-Chairperson Consolata Maina and commissioners Abdi Guliye, Boya Mulu, Margaret Mwachanya, Paul Kurgat and the commission, Mr Chiloba, through his lawyer Andrew Wandabwa, argues that it all boils down to his differences with Mr Chebukati.
In his affidavit, Mr Chiloba claims that he and Mr Chebukati have had 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 elections were conducted.
“I have all along enjoyed excellent working relations with both the staff of the commission and the commissioners….until around April 2017, when differences of opinion began to emerge between the Secretariat, the chairman and some commissioners,” Mr Chiloba said.