This archive report was first published on 22 September 2019.
September 22, 2019 - In a shocking turn of events, former Independent Electoral and Boundaries Commission (IEBC) CEO Ezra Chiloba has filed a lawsuit against the electoral management body for wrongful termination of his employment.
Chiloba, who was sacked on October 12, 2018, is demanding at least Sh52.5 million as compensation for the decision, which he claims was illegal, irregular, unfair, and unjustifiable.
According to the Memorandum of Claim filed on September 16, Chiloba's troubles began on April 6, 2018, when he was sent on compulsory leave without being given a chance to be heard. The decision, he claims, was made in the presence of only three commissioners, contrary to the provisions governing the conduct of the business affairs of IEBC, which requires a quorum of five commissioners.
Chiloba also accuses IEBC of not communicating in writing the intention to send him on compulsory leave, and that the purported Internal Audit Report used as a basis for the decision was not duly processed in accordance with the law.
He further claims that the decision to suspend him on June 14, 2018, was unlawful and irregular, as it was an attempt to circumvent a court decision that allowed IEBC to deal with him in accordance with their contractual agreement.
On his termination, Chiloba claims that the Notice to Show Cause letter and the invitation to provide oral defence were just meant to regularise a predetermined outcome, and that he was never afforded time and resources to respond.