A petition by Independent Electoral and Boundaries Commission (IEBC) Chief Executive Officer (CEO) Ezra Chiloba challenging the decision to suspend him will be mentioned at the Employment and Labour Relations Court Friday morning.
In his suit papers, Chiloba contends that the decision by Chairman Wafula Chebukati to send him on compulsory leave was wrong as he was not given an opportunity to defend himself.
He is also seeking to have the procurement misconduct claims against him disclosed and wants temporary orders to allow him to resume work.
In his papers, he also listed Commissioners, Abdi Guliye and Boya Molu as respondents to the suit.
Chebukati had asked Chiloba to go home because of procurement issues and further wants a number of issues investigated while Chiloba is away.
Chebukati and Chiloba have not had a cordial working relationship since the CEO resumed work this year.
He had taken leave from mid-October and only resumed work in January.
Vice chair Consolata Maina and Paul Kurgat are reported to have opposed the decision.
Maina is said to have protested the move and stormed out of the meeting, saying she would not be party to the decision.