Suspended Independent Electoral and Boundaries Commission (IEBC) Chief Executive Ezra Chiloba renewed his onslaught on chairman Wafula Chebukati in new court documents filed challenging his ouster.
Chiloba accused Chebukati of high-handedness and acting as if he was above the law.
In a new affidavit in support of the suit challenging his suspension, Chiloba told Chebukati to stop hiding under the commission to deflect criticism.
He claimed that Chebukati, alongside the 2 remaining commissioners Abdi Guliye and Boya Molu were committing illegalities and using the cover of the commission to escape lawsuits.
Furthermore, following the resignation of 3 commissioners Margaret Mwachanya, Connie Maina and Paul Kurgat, Chiloba argued that Chebukati had no right to transact any business on behalf of the commission.
“Chebukati has no authority to swear any affidavit on behalf of the IEBC, as currently constituted. His response to my illegal suspension on behalf on the commission is therefore inaccurate and incompetent,” he stated.
Chiloba maintains that Chebukati was to blame for his 3-month suspension, explaining that the manner in which he introduced a report on a procurement audit that led to his suspension was 'suspicious'.
In his response to the suit, Chebukati argued that Chiloba accessed documents used in the suit illegally and demanded that 8 documents be expunged from the court records.
He disclosed that Chiloba used his position to get the documents that were likely to bring the commission into disrepute.
In a decision that split IEBC commissioners, Chebukati announced that Chiloba would be sent on a 3-month complusory leave to allow for a probe into procurement processes surrounding the 2017 General election.
