Suspended IEBC CEO Ezra Chiloba's to have his suspension lifted has been rejected by The Employment and Labour Relations Court.
According to Judge Stephen Radido, Chiloba's application did not meet the legal merits.
Mr Chiloba was suspended for the second time on June 15 by Chairman Wafula Chebukati after Judge Radido allowed him to resume work until the hearing and determining a previous case.
The judge lifted the initial suspension on the grounds that the move did have contractual obligations.
He allowed Mr Chiloba to continue executing his duties as the court decides on the case he filed against Mr Chebukati and the commission.
Chiloba was suspended 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," the letter reads in part."