Suspended IEBC CEO Ezra Chiloba on Thursday survived chairman Wafula Chebukati's axe after Employment and Labour Relations Court quashed his suspension.
Early this year, Chiloba was suspended by Chebukati over procurement queries, a move that led to resignation of three commissioners who accused the latter of acting out of the law.
And Justice Stephen Radido ruled that the suspension was unfair after Chiloba struggled to have the suspension lifted in April.
Radido had declined to grant Chiloba orders, saying that he needed to hear from both parties and facts of the case first.
In his argument, Chebukati had said that the embattled CEO would enable the commission to undertake comprehensive audit on matters relating procurement.
The ruling means that the chairman, whose roles are now limited due to exit of four commissioners, would either appeal or continue working with Chiloba.