The labour relations and employment court has declined to issue orders restraining IEBC from carrying out disciplinary action against CEO Ezra Chiloba and five others.
Justice Nelson Abuodha however directed that the case filed by Kenya independent commission workers union be heard on September 20th.
Embattled IEBC Chief Executive Officer Ezra Chiloba has however refuted the claims saying he didn’t instruct anyone to act on his behalf on any action the commission intends to take against him.
Through his twitter handle at this afternoon Chiloba posted “let it be known that I have not instructed anyone to go to court on my behalf on any matter. We make progress if we avoid sideshow”.
It is however understood that the Kenya independent commission workers union had sought an injunction to bar IEBC from taking any disciplinary measures against Chiloba and five of his colleagues’ after a major fall out in the Commission.
In the court papers filed at the labour and employment relations court in Nairobi, the union wants IEBC restrained from suspending, terminating or interfering with the employment of Ezra Chloba, Immaculate Kassait, James Muhati, Betty Nyabuto, Praxedes Tororey, Moses Kipkosgey and staff and secretariat of IEBC.
The Union argues that the intention of the commission to make internal changes targeting the six pursuant to the supreme court determination of 1st September is premature, baseless, ill advised and meant to intimidate, humiliate, castigate and eventually hound them out of employment unprocedurally.
Justice Nelson Abuodha however certified the matter urgent and directed that it be heard on September 20th.
This even as it emerged that IEBC Chair Wafula Chebukati allegedly wrote a memo to CEO Ezra Chiloba demanding explanations and clarifications on certain issues that emerged from the Supreme Court determination on presidential election.
In the leaked confidential memo Chebukati demands for an explanation on why commission adopted a porous file server system to transmit forms 34Bs which was infiltrated and over 10,000 polling station returned text results without the accompanying forms 34As.
Chebukati says Chiloba should reveal why voters whose names were missing from the KIEMS identification machine were allowed to vote by manual identification, and why IEBC staff in the ICT directorate used passwords different from the IEBC passwords.
He also wants action taken against Paul Mugo and Bonface Wamae who created a username account and password in the name of the chairman without his consent and knowledge under the instructions of Director of ICT James Muhati who is said to be among those suspended.