BY SAM ALFAN.
IEBC chairman Wafula Chebukati now says suspended CEO Ezra Chiloba cannot sue the commission while still in office without his approval.
This is even as the commission in its replying affidavit says that Chiloba’s suspension was done in good faith adding that the case filed against the commission should be struck out on grounds that Chiloba has failed to establish a prima facie case.
Chebukati says that Chiloba’s employment letter/contract prohibits him from instituting legal proceedings against the commission.
Further Chebukati has also accused Chiloba of using confidential information through his position as the CEO to institute the petition which according to the court papers it is in violation of clause 14 of Chiloba’s letter of employment.
Chebukati also argue that any party aggrieved by IEBC decision ought to sue the commission itself and not the commissioners in their individual capacities.
Chebukati has accused Mr Chiolba of using confidential information “obtained illegally” to institute the case in violation of his letter of employment, the Access to Information Act, Section 27 of the IEBC Act and the Constitution.
“To this end the applicants pray that the court expunges from its records the IEBC confidential information obtained illegally by the petitioner,” Mr Chebukati said in a sworn statement.
He revealed that the commission in the exercise of its oversight role, wrote an internal memo on January 16, 2018 to Mr Chiloba seeking clarifications on the various issues that had emerged from the tenders contracted by the IEBC.
And contrary to claims that he was not given an opportunity to be heard, Mr Chebukati said Mr Chiloba was given a chance to respond to the questions regarding the procurement of the electoral materials in so far as the procurement of the 2017 electoral materials were concerned.
