Chiloba was sent on a three-month compulsory leave in April.
The court ruled Chiloba is free to resume his position at Anniversary Towers pending the hearing and determination of an application he filed challenging the decision that ordered him to go on compulsory leave.
Chiloba was sent on a three-month compulsory leave in April to make way for an audit at the commission.
“The commission’s plenary meeting held on Friday April 6 received and discussed an audit report on some procurement matters. Subsequently, it was decided through a majority voting to expand audit scope and that the CEO proceeds on compulsory leave for a period of three months to enable conclusion of the audit,” IEBC Chairman Wafula Chebukati stated.\
Chiloba challenged the decision in court terming the move as wrong as he was not given a chance to defend himself.
In his ruling on Thursday, Justice Stephen Radido said: "In the view of the court, it would not be proportionate and in public interest to uphold a decision taken without legal or contractual foundation by an employer."=]