A Labor court on Friday stopped the recruitment of IEBC CEO pending hearing and determination of the case.
Chama Cha Mawakili (CCM), a lobby representing lawyers filed the case in court challenging the appointment of the commission’s chief executive officer.
CCM alleged that the IEBC did not explain to the public the justification for shortlisting the 10 candidates and how the rest failed the test.
But IEBC Chair Wafula Chebukati argued the recruitment process to replace Ezra Chiloba was open and transparent.
Chebukati claimed CCM’s intention is to illegally stop the recruitment of the CEO and indefinitely suspend the recruitment for ulterior motives not recognized by the law.He argued that the recruitment process has been done in strict adherence to the law and the sole intention of the lobby group is to merely delay the process.
The case will now be heard on a priority basis.
In May, IEBC readvertised the CEO vacancy.
The position of was left vacant after the commission sacked Chiloba, who had been on suspension since April 2018.
Chiloba was sacked on September 24 last year after being indicted by the commission’s internal audit report which revealed taxpayers could have lost millions in flawed procurement of goods and services for the 2017 General Election.
In March, Labour Court Judge Hellen Wasilwa issued temporary orders barring recruitment of the CEO on March 27, following an application by Henry Mutundu who successfully challenged the process.
Mutundu called the current recruitment process unconstitutional and said it is not open, transparent and accountable as required by the Constitution.
IEBC is currently operating with only three commissioners.
The three are chairman Wafula Chebukati, commissioners Boya Molu and Abdi Guliye.
Following the decision to send the CEO on compulsory leave in April 2018, three commissioners - Connie Maina, Paul Kurgat and Margaret Mwachanya - announced their resignation on April 16, 2018.