Suspended IEBC CEO Ezra Chiloba now wants his boss Chairman Wafula Chebukati to personally appear in court to show cause why he should not be held in contempt of court.
Chiloba wants Chebukati and the two commissioners Abdi Guliye and Bola Molu to be held in contempt for locking him out of his office even after the court ordered him to resume work.
He wants the court to set aside the decision made by the commission in a letter that suspended him for three more months.
Chiloba asked the court to issue a 30-day notice to Chebukati, Guliye and Molu who purport to constitute the IEBC to personally attend court and show cause why they should not be held in contempt for blocking Chiloba from resuming work.
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Through his lawyer Andrew Wandabwa, Chiloba says that he stands to suffer immeasurable prejudice and irreversible violation of his constitutional freedoms, legal rights and due process unless the court hears his petition.
Chiloba argues that there are only three commissioners remaining at the commission and if indeed a plenary was held on that day as alleged in the letter of suspension, then any decision arrived at the meeting has no force of law since a minimum of five commissioners are required to constitute a valid plenary.
“The commissioners and chairman’s actions, conduct, endeavours of sending the applicant on further purported suspension in effect removes him from his employment and are without any basis in law, malicious, high-handed, capricious and calculated to injure him” The petition reads.
“In a brazen disregard, contravention and circumvention of the order of the court, 1,3,4 and 7 respectively have purported to suspend the applicant in a manner intended to otherwise render the decision ineffectual, by acting in total contravention of the constitutional, statutory and contractual framework, as they were enjoined in the said decision to observe,” the petition reads.
On June 14, 2018, this honourable court granted conservatory orders restring the commission from interfering with his resumption of functions as Chief Executive officer of IEBC.
On the same day that the court ruled that he goes back to work, Chebukati issued a letter suspending Chiloba for an additional 3 months pending a procurement audit in relation to General elections of August 8, 2017, and the October 26 repeat president elections.
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