The electoral agency's suspended chief executive officer has been accused of lying to a court in a bid to get reinstated.
The response of Independent Electoral and Boundaries Commission Chairman Wafula Chebukati to a suit filed by CEO Ezra Chiloba shone a spotlight on the internal wrangles and blame game over the manner in which the procurement of materials for the 2017 General Election was conducted.
According to Mr Chebukati, there were massive flaws in the way the commission procured key materials in a process overseen by the CEO and this justified Mr Chiloba's being sent on compulsory leave to allow auditors to unearth the truth.
“The commission realised there was a need to expand the audit into the procurement of 2017 election materials and a majority of commissioners resolved to send him home. He is lying when he says we lacked quorum to suspend him,” said Chebukati.
The chairman, in the response filed through lawyer Tom Ojienda, also accused Chiloba of using illegally obtained materials to support his case and asked that the eight controversial documents be expunged from court records.
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Prof Ojienda argued that Chiloba misused his position to get access to the information that he knew would bring the commission into disrepute.
“He has purported to use confidential information obtained illegally to institute the petition in express violation of his employment contract. Those documents should not be allowed as evidence and he must be held accountable for breaching the terms of his contract,” he said.
Chebukati claimed that Chiloba had no authority to sue the commission, given that he was still an employee with a valid contract.
He argued that the CEO swore to uphold the commission's terms of service, which include not being party to any court litigation concerning its affairs.