The Employment and Labour Relations Court on Thursday allowed IEBC CEO Ezra Chiloba to go back to work pending the hearing and determination of an application he filed.
The embattled CEO had challenged the decision that ordered him to go on compulsory leave.
In April, Chiloba had moved to court in a bid to block his suspension from the commission.
[caption caption="Ezra Chiloba"][/caption]
The IEBC executive officer asked the court to grant temporary orders to allow him to resume work.
In his suit papers, he named IEBC chairman Wafula Chebukati, commissioners Abdi Yakub Guliye and Boya Molu for sending him on compulsory leave.
Chiloba termed their decision as malicious and unlawful, adding that the decision was reached in the presence of only three commissioners contrary to provisions governing the conduct of the business affairs of the electoral agency.
According to the law, a quorum of five is required to reach a decision to send a commissioner of the electoral body on suspension.
In recent weeks, Chebukati has affirmed that major changes should be expected in the commission and he mentioned that the headquarters will be moved from the CBD.
He further stated that this would ensure minimal disruption from 'dissatisfied groups.
Asked if the commission is under-staffed, Chebukati answered: "The constitution is clear, if you are 3 you make a commission. Our colleagues resigned due to their own reasons and there is a procedure in the law, which provides for replacement of those vacancies.
[caption caption="Wafula Chebukati"][/caption]
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