The electoral commission has dismissed as untrue media reports that its chief executive Ezra Chiloba had been sacked.
In a tweet on its official accounts, the Independent Electoral and Boundaries Commission (IEBC) said that Mr Chiloba was, however, still undergoing a disciplinary process.
It is not true that CEO Ezra Chiloba, who is on suspension, has been dismissed from employment. What is true is that the disciplinary process is on-going and the Commission will make an objective decision on the matter.
— IEBC (@IEBCKenya) September 25, 2018
Mr Chiloba was suspended in April in what the commission said was to re-look at the procurement of the 2017 elections materials.
The CEO went to court, and was given a reprieve to return to work in June.
But eight hours after the court order, Mr Chiloba was suspended. Again.
In a letter addressed to the embattled CEO, IEBC Chairman Wafula Chebukati suspended the CEO “with immediate effect” pending the completion of the comprehensive audit of all major procurements relating to the August 8, 2017 general election as well as the fresh elections held on October 26, 2017.
“As you are aware under clauses 3 and 5 of your employment contract, you are responsible for the prudent financial management of the commission’s finances, as well as the execution of all the commission’s programmes and plans in line with the constitutional mandate,” Mr Chebukati said in his letter to Mr Chiloba, just hours after Justice Stephen Radido ruled in the CEO’s favour.
“The issues under investigation are weighty and touch on your role as the accounting officer.”
The chairman added that the outcome of the in-depth audit will inform the commission’s further action against the CEO.
The audit has since been completed with the commission, even without expounding, saying it had “vindicated” their position that some procurement procedures were ignored in the purchase of the poll materials.
Mr Chebukati also noted in the letter that the IEBC CEO acted in outright violation of clauses 14 (C) and 15 of his employment contract, which prohibit him from suing the commission while in employment.
The clauses, Mr Chebukati said, also prohibit the CEO from disclosing official and classified information, affairs, facts or accounts after his employment’s termination, without prior written consent from the commission.
“Based on these reasons, you are hereby suspended with immediate effect from your duties as the CEO and accounting officer of IEBC for a period of three months,” said the IEBC chairman.