The chairman of the Independent Electoral and Boundaries Commission (IEBC) Wafula Chebukati now risks being jailed after a judge directed them to explain why they should not be charged for contempt of court.
Chebukati alongside commissioners Abdi Guliye and Boya Molu were asked to show cause why contempt of court proceedings should not be commenced against them for disobeying a court order directing them to reinstate IEBC CEO Ezra Chiloba.
This is after suspended Chiloba through lawyer Andrew Wandabwa, told the court that he was yet to resume his duties despite an order directing Chebukati and the commissioners to reinstate him from suspension.
IEBC defended the suspension, saying it was justified since persons conducting an internal audit at the body were answerable to Chiloba, and so he would probably interfere with the process.
"It is, therefore, imperative and in public interest that the internal audit be completed as the commission owes the public a duty to use the public resources allocated to it appropriately,” said Chebukati, in his defence, with Chiloba accusing him of orchestrating his suspension due to differences on issues like assignment of duties to staff, and procurement of election kits and ballot papers during 2017 general elections.
"The members, therefore, resolved to suspend the petitioner for three months pending the completion of the comprehensive audit of all major procurements relating to the elections of August 8, 2017 and fresh presidential elections held on October 26, 2017," added Chebukati.
The case will continue on July 19, 2018.