IEBC crisis persists as Chebukati suspends Chiloba yet again

IEBC chairman Wafula Chebukati with CEO Ezra Chiloba during a past function. /MONICAH MWANGI
IEBC chairman Wafula Chebukati with CEO Ezra Chiloba during a past function. /MONICAH MWANGI

IEBC chairman Wafula Chebukati has suspended CEO Ezra Chiloba yet again,

hours after the latter was reinstated by the court.

The chairman in a letter seen by the Star cites the ongoing vetting of procurement officers as .

Uhuru on June 1 said the officers be subjected to polygraph tests, being part of efforts to end corruption in his administration.

Chiloba was reinstated by the Employment and Relations Court on Thursday pending the determination of his suit challenging his initial suspension from the polls agency.

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But Chebukati said a meeting the commission held after the ruling resolved that the CEO be suspended pending the completion of the audit.

"The commission has resolved to suspend you (Chiloba) with immediate effect pending the audit of all major procurements relating to the August 8 general elections and the repeat elections held on October 26, 2017."

The chair, in the missive, says the suspension is drawn from Clauses 3 and 5 of Chiloba's employment contract which states that the CEO is responsible for the prudent management of the commission's finances.

"The issues under investigation are weighty and touch on your role as the accounting officer. The outcome of the in-depth audit will inform any further action by the commission," Chebukati said.

He further states that Chiloba acted in violation of his contract citing a clause that he says bars the CEO from suing IEBC while in employment and also from disclosing official information.

"Based on the foregoing reasons, you are hereby suspended with immediate effect from your duties for a period of three months," Chebukati told Chiloba.

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The latest development mirrors the upheavals at the electoral agency in the wake of boardroom wars that have persisted since last years' vote.

Three commissioners namely Margaret Mwachanya, Vice Chair Consolata Maina, and Paul Kurgat quit the polls body citing difficulties in working with the chairman.

Commissioner Roselyn Akombe was the first to quit days before the repeat election saying the commission was not adequately prepared for the same.

Their exit left only Chebukati, Boya Molu, and Abdi Guliye – a number that has been argued cannot conduct substantive business at the commission.

Among the issues, Chiloba cited in his suit at the Labour court was the commission's incapacity to make key decisions, including his suspension.

Justice Stephen Radido, in his ruling on Thursday, said: "In the view of the court, it would not be proportionate and in public interest to uphold a decision taken without legal or contractual foundation by an employer."

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