The Employement and Labour Relations Court on Friday dismissed an application by Independent Electoral and Boundaries Commission (IEBC) CEO Ezra Chiloba seeking to resume his work at the commission despite a compulsory leave order.
Citing that Chiloba's case had merit, Justice Stephen Radido noted that the order could not be overuled due to the nature of the post Chiloba holds at the commission.
"Public service is not ordinary employment, it is tied to the interest of the public," the Judge argued, justifying the manner in which the CEO was relieved of active duty.
The Judge further observed that the three-month compulsory leave would not be prejudicial to Mr Chiloba as he upheld the decision by the IEBC.
The court further directed that the case would be heard and it was classified under a certificate of urgency.
[caption caption="IEBC CEO Ezra Chiloba"][/caption]
Chiloba had taken IEBC Chairman Wafula Chebukati and the IEBC to court claiming that the compulsory leave issued to him was in breach of the law.
He further sought to have the Labour Court grant his petitions ststing that the Chairman intended to discontinue his service to the commission due to their differences in opinion.
"I have all along enjoyed excellent working relations with both the staff of the commission and the commissioners…until around April 2017, when differences of opinion began to emerge between the Secretariat, the chairman and some commissioners," Chiloba stated in a Thursday evening interview.
The IEBC CEO in his suit paper shad outlined that the commission went against its mandate when they failed to constitute a quorum in making the decision.
According to Chiloba, the compulsory leave order was not passed by five commissioners.
In the court papers, Chiloba mentioned commissioners Abdi Yakub Guliye and Boya Molu as respondents alongside the Chairman and IEBC.
[caption caption="File image of IEBC CEO Ezra Chiloba with Chairman Wafula Chebukati"][/caption]
12:00 p.m: This story was updated to include a quote from Justice Stephen Radido.
12:20 p.m: This story was updated to include details of the suit filed by Ezra Chiloba.