The Employment and Labour Relations Court on Thursday, January 26, ordered the Independent Electoral and Boundaries Commission (IEBC) Chief Executive Officer Marjan Hussein Marjan to reinstate his deputy Ruth Kulundu.
In her ruling, Justice Linnet Ndolo stated that the commission unlawfully interdicted Kulundu in the wake of a noisy and messy fallout at the Anniversary Towers.
Additionally, Justice Ndolo ruled that the allegations against Kulundu of assisting the four IEBC commissioners - Juliana Cherera, Francis Wanderi, Irene Masit and Justus Nyang'aya, to sabotage the electoral process had not been proven.
“The disciplinary process commenced against the petitioner on account of the matters contained in the letter of interdiction is stayed pending determination of the petition,” the ruling read in part.
Moreover, the ruling stated that Marjan had violated the IEBC's human resource guidebook by acting as judge, jury, and executioner.
Justice Ndolo suspended the interdiction of Kulundu until the case she filed is heard and determined adding that the charges against Kulundu were a breach of confidentiality, insubordination, and intimidation of staff.
“The petitioner’s interdiction as communicated by the 1st respondent’s letter is suspended pending determination.
“The issue of confidentiality was not considered in the interdiction letter issued to Kulundu when she was accused of attending a meeting called by former commissioners,” Justice Ndolo ruled.
During the ruling, Justice Ndolo noted that the then-chairman of IEBC Wafula Chebukati did not file any reply to indicate whether the commission had agreed to interdict Kulundu.
Furthermore, Ndolo stated that, despite the fact that Marjan was central to the case, he never swore an affidavit to prove or refute Kulundu's allegations.
Kulundu was interdicted after the August 2022 elections, following allegations that she worked with the four commissioners in an attempt to subvert the will of the people at the ballot.
However, in September 30, 2022, the Employment and Labour Relations Court suspended the decision by IEBC and directed Kulundu to continue with her duties until the matter was heard and determined.
