IEBC Chief Executive Officer Ezra Chiloba has taken the fight against his suspension to the Employment and Labour Relations Court in Nairobi.
Mr Chiloba, through lawyer Andrew Wandabwa, on Thursday filed the case in which he accuses chairman Wafula Chebukati of failing to follow the law.
He argues that Mr Chebukati did not send him on forced leave in writing.
He specifically faults Mr Chebukati, commissioners Abdi Yakub Guliye and Boya Molu for reaching that decision.
He argues that the decision to send him on compulsory leave was arrived at by only three commissioners, contrary to the law.
A quorum of five is required to reach such a decision, Mr Chiloba holds.