The Independent Electoral and Boundaries Commission (IEBC) chairman Wafula Chebukati says that Ezra Chiloba who is the commission’s chief executive was suspended in good faith.
In reply to a case filed by Mr Chiloba, Mr Chebukati said that sending Mr Chiloba on compulsory leave would enable the commission to undertake a comprehensive audit of all the major procurement relating to the 2017 General Election and repeat poll, which was held on October 26.
According to Mr Chebukati's argument, the investigation could go either way and “it would beat logic to have an employee heard over issues that are not yet known.” He wants the court to dismiss the case.
In a case filed last week, Mr Chiloba accuses Mr Chebukati for allegedly orchestrating his removal.
Mr Chebukati said that Mr Chiloba signed a contract that prohibits him from instituting legal proceedings against IEBC while he is still employed, without prior approval of the chairman.
In the case, Mr Chiloba has sued all the commissioners. Three of them- including the vice chairperson Consolata Maina, Margaret Mwachanya and Paul Kurgat have since resigned.
Mr Chiloba was accused by Mr Chebukati for using confidential information “obtained illegally” to institute the case in violation of his letter of employment, the Access to Information Act, Section 27 of the IEBC Act and the Constitution.
He brought to the light that the commission, wrote an internal memo on January 16, 2018 to Mr Chiloba seeking clarifications on the various issues that had emerged from the tenders contracted by the IEBC.
And contrary to claims that he was not given an opportunity to be heard, Mr Chebukati said Mr Chiloba was given a chance to respond to the questions regarding the procurement of the electoral materials in so far as the procurement of the 2017 electoral materials were c