IEBC officials risk civil jail for failure to comply with court order

Kenya: Top Independent Electoral and Boundaries Commission (IEBC) officials risk going to jail for contempt of court.

IEBC Chairman Issack Hassan, Deputy Commission Secretary Beatrice Sungura and commissioners Lilian Bokeyee, Albert Bwire, Kule Galma Godana, Ambassador Yusuf Nzibo, Abdulahi Sharawe, Thomas Letangule, Muthoni Wangai and Mohammmed Alawi could go to jail for six months for failure to pay salary to former IEBC Deputy Chief Executive Officer (CEO) Wilson Shollei after Labour and Employment Court declared his sacking as null and void.

In an application filed under a certificate of urgency before Justice Hellen Wasilwa, Mr Shollei through his lawyer Edwin Sifuna told the court the commission had defied court orders issued last year November by Justice Maureen Onyango in which she ordered that status quo ought to be maintained until the conclusion of a case against the deputy CEO.

"We seek to have Beatrice Sungura, who was at all material times the acting Chief Executive Officer and commission secretary of IEBC, Isaack Hassan, Lilian Bokeyee, Onyango Bwire, Kule Galma Godana, Ambassador Yusuf Nzibo, Abdulahi Sharawe, Thomas Letangule, Muthoni Wangai and Mohammmed Alawi, all members of respondent be committed to civil jail for six months or further period as this court deem for contempt of court,'' the application Mr Sifuna read.

Criminal case

The labour court on November 18, 2014 handed Shollei back his job pending the determination of a criminal case against him after finding that he had been unfairly sacked.

Justice Onyango in her ruling noted that his sacking would deny him the right to have the suspension lifted if the corruption case is withdrawn or he is acquitted

"The upshot is that the termination of the claimant's (Shollei) employment is null and void for failure to comply with provisions of the Anti-Corruption and Crimes Act and the Employment Act," she ruled.

The court heard that despite Ms Sungura and the commission officials being served with the orders on January 13 and 21 this year, they had failed to act thus denying him his dues.

"To date, the said order has not been complied with and thus it is for the interest of justice and for the upholding of the dignity and authority of this court that we have the orders sought,'' Sifuna said. It will be heard on February 26.