Chiloba issues tough demands to Chebukati
Chiloba vs Chebukati
In an affidavit, Mr Chiloba wants the IEBC chair to stop acting on behalf of the Commission. He argued that after the unceremonious resignation of IEBC commissioners - Consolata Maina, Margaret Mwachanya and Dr Paul Kurgat - Chebukati cannot lawfully conduct IEBC’s businesses.
Chiloba further accuses Chebukati of highhandedness and acting as if he is above the law.
In the court papers, the IEBC CEO alleged that Chebukati was using the Commission to avoid lawsuits. He claimed that the Chairman together with commissioners, Abdi Guliye and Boya Molu have been committing illegalities at IEBC.
"Chebukati has no authority to swear any affidavit on behalf of the IEBC, as currently constituted. His response to my illegal suspension on behalf of the commission is therefore inaccurate and incompetent," he said.
Chiloba’s affidavit comes days after Chebukati exposed two illegal activities Chiloba had allegedly engaged in while suing all the commissioners of the electoral body.
According to the IEBC Chairman, Chiloba went against his employment contract which restricts him from instituting legal proceedings against IEBC while he is still employed, without prior approval of the chairman.
In court papers, Chebukati argued that the IEBC CEO, who is on a 30-day compulsory leave to facilitate investigations of all the major procurements relating to the 2017 General Election and repeat poll, did not seek his approval.
"This petition is directly prejudicial to the commission as it seeks prejudicial prayers against the commission. Importantly, there was no prior approval obtained from the IEBC chairman before instituting this petition. This petition, therefore, ought to be struck out with costs," Chebukati said in the affidavit.
At the same time, Chebukati accused Chiloba of using IEBC’s confidential information while filing the suit. The Commission’s Chair also alleges that Chiloba obtained the information illegally.
Chebukati asked the court to expunge the records from the case and insisted that investigations against Chiloba continue.
"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.
"To this end, the applicants pray that the court expunges from its records the IEBC confidential information obtained illegally by the petitioner," he said.
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