Suspended Independent Electoral and Boundaries Commission (IEBC) Chief Executive Officer, Ezra Chiloba, wants Commission Chairperson Wafula Chebukati and Commissioners Abdi Guliye and Boya Molu held in contempt of court.
In an urgent application filed on Friday, Chiloba has faulted the decision by Chebukati to deny him access back to his office despite a decision by the Employment and Labour Relations Court on June 14 lifting a three-month leave imposed on him in April.
“The commissioners and chairman’s actions, conduct, endeavours of sending the applicant on further purported suspension in effect removes him from his employment and are without any basis in law, malicious, high-handed, capricious and calculated to injure him,” the petition read in part.
In a supporting affidavit, Chiloba told the court his suspension was choreographed to create an impression that he was subject to an audit whereas in actual fact an external audit of the entire institution was ongoing.
“I verily believe that the 1st, 3rd and 4th Respondent purported to suspend me during the on-going Audit process, to give the impression that I am the subject of the said audit process, whilst in actual fact the on-going external audit exercise involves the audit of the entire institution including the conduct of all the Respondents in as far as procurement and financial management is concerned,” he stated.
Chiloba further termed Chebukati’s actions as unfair asserting that his suspension violated his constitutional right to fair labour practices and administrative action.
Chiloba’s efforts to report back to the office on Wednesday hit a snag after he found his office locked and supporting staff sent on leave.