Justice Steve Radido of the Labour and Employment Relation Court on Friday April 13, declined to issue orders sought by the Independent Electoral and Boundaries Commission (IEBC) Chief Executive Officer Ezra Chiloba to have his compulsory leave suspended.
Radio said,in his ruling,that Chiloba ought to proceed on the compulsory leave from IEBC chairperson Wafula Chebukati.
Chiloba had moved to court to block the IEBC’s move to send him on a 3-month compulsory leave pending an audit into issues affecting the procurement department even though it was not clear what procurement issues the commission is investigating or what impact the audit could have.
“The respondent’s conduct of sending me on compulsory leave for three months has the effect of unlawfully removing me from my employment and office for the said period of three months,” reads the petition by Chiloba.
He further noted that the option of compulsory leave is not envisaged in the Human Resource Manual and that the respondents could in any event not take any steps against him without giving him an equal opportunity to air his side of the story.
The court however, in its ruling, noted that there exists a suggestion that there is a complex clash between Chiloba with some of the commissioners
according to the papers and further added that the court has to hear the issues before giving out any orders in relation to the petition.
The case will be heard on May 7, 2018.