BY NT CORRESPONDENT.
IEBC Chairman Wafula Chebukati could be jailed for refusing his CEO return to work as ordered by court.
He has been ordered to personally appear in court to show cause why he should not be committed to jail over Ezra Chiloba suspension.
The orders were given by Justice Stephen Radido.
Also directed to appear in court include commissioners Abdi Yakub Galiye and Boya Molu.
“This honorable court do issue a thirty day Notice to Wafula Chebukati, Abdi Yakub Galiye and Boya Molu to personally attend court to show cause why contempt of court proceedings should not be commenced against them,” read the order.
Embattled IEBC CEO Chiloba contested his suspension.
He wants Chebukati jailed for denying him access to his office.
Chiloba also says that Chebukati and his team purported to suspend him in a manner intended to undermine the decision of the court.
Mr Chiloba through his lawyer Andrew Wandabwa says that the due process was not followed in suspending him adding that he was not given time to defend himself over the allegations raised by the commission.
“We have never been given opportunity to defend the report,” argued Wandabwa.
The commission on its part has filed a preliminary objection saying that the court has no jurisdiction to entertain the petition by Chiloba.
According to the commission, the application by Chiloba raises new cause of action adding that the CEO remains suspended.
In the view of the court, that broad provision of oversight mandate could not triumph over the contractual and legal provisions for dealing with case where disciplinary action may be implicated considering the constitutional, statutory and contractual protections assured public officers holders such as the applicant,” he said.
Mr Chiloba had named Mr Chebukati and Commissioners Abdi Guliye and Boya Molu in the case saying they acted in their personal interest and not for the benefit of the public as alleged.
Mr Chebukati defended the suspension arguing that it was done in good faith and meant to enable the commission to undertake a comprehensive audit of all the major procurements that related to the 2017 General and repeat poll, which was held on October 26.
Through lawyer Andrew Wandabwa, Mr Chiloba moved to the Employment and Labour Relations Court arguing that the acts of the three IEBC officials were actuated by the desire to injure him.
Former commissioners Consolata Maina, Margaret Mwachanya and Paul Kurgat had been named in the petition and were defended by Mr Stephen Gitonga.
Mr Chiloba accused the Chairman of orchestrating his removal because of 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.
“The report can’t be given to him before any charge is preferred against him,” court heard Proceedings resume next week Thursday 19.
