24 June 2019

Kenya: Court Extends Order Halting IEBC Bid to Replace Ezra Chiloba

The Employment and Labour Relations Court has extended orders stopping the ongoing interviews for the recruitment of the next Independent Electoral and Boundaries Commission's (IEBC) chief executive officer.

Justice Byram Ongaya issued the order in a case in which Chama Cha Mawakili sued the IEBC, its chairperson and the Attorney-General.

"Pending the interparty hearing or further orders of the court, there be a stay of the vacancy in the office of secretary and CEO of the IEBC and the sued parties as well as their agents or offices are accordingly prohibited," said Justice Ongaya.

The judge first issued this order on Friday but when the matter came up for a mention on Monday, he extended the directive which consequently stopped the interviews that were set to be held from Monday until Wednesday.

PROCESS CRITICISED

According to the lobby, the ongoing recruitment process is not open, transparent and competitive as per the commission's human resource recruitment policy.

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Through lawyer Paul Ogendi, the public shall suffer irreparably yet there is a likelihood that names of the proposed finalists will be send to the National Assembly as well as the President for appointment.

The lobby has faulted IEBC for failing to publish the reasons why only 10 candidates were shortlisted, an omission they argue breaches the constitution and the IEBC Act.

Although the list of shortlisted candidates was published in newspapers on June 13, the lobby argued that the same information was not put on the IEBC's website.

IEBC published the full list of people who wished to take up the big job, including two who submitted their applications out of time.

The deadline for the said vacancy advertised on May 21 was June 3 at 5pm.

Shortlisted candidates include Dr Mabonga Joel Lusweti, Mr Nakitari Okuku Humphrey, Mr Aura Zephania Okeyo, Ms Kariuki Nancy Wanjiku, and Mr Kioko Paul Christopher Kimali.

Others are Mr Marjan Marjan Hussein, Dr Murigi Elishiba Muthoni, Dr Tarus Benjamin Kipchumba, Ms Mwasi Anne Kerubo and Dr Khalid Billow.

CHILOBA EXIT

Mr Chiloba was sent on leave in April last year to pave way for an audit of the procurement for election materials.

He was fired in October 2018 even though he still has a pending court case challenging the manner in which he was kicked out.

The case will be coming up in court on July 10.

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