Employment and Labour Relations Court has declined to overturn the decision by electoral agency Chairman Wafula Chebukati to send Ezra Chiloba on a forced leave.
Justice Steve Radido on Friday said the Independent Electoral and Boundaries (IEBC) CEO will not suffer any prejudice as he will not be deprived of his salary and remuneration while on the three months compulsory leave.
"The only prejudice to be suffered is the fact that Mr Chiloba will not be able to go to the office, therefore, court declines to issue the said orders," ruled Justice Radido.
The judge maintained that he needed to hear from all other commissioners before he could issue any more orders.
He further directed the sued parties to file responses to the petition lodged by Chiloba so that the hearing is expedited.
On Thursday, Chiloba went to court seeking orders to quash the memo that sent him on compulsory leave and to compel the IEBC to reinstate him as the CEO.
He argued that Chebukati did not follow the law and the decision was hastily reached at without him being given an opportunity to answer to any of the allegations including responding to the internal audit report.
Chiloba, who has listed Chebukati as the first respondent together with five commissioners and IEBC, argued that the chairman was trying to undertake the role reserved for the secretariat.
“My understanding is that the Secretariat plays a separate though complementary role from that of the commissioners. I believe that by reason of this state of affairs tensions ensued between the secretariat and the chairman,” he said.