Employment and labour court has ruled that the IEBC acted in contravention of the law in its vacancy advertisement for the position the CEO.
Justice Hellen Wasilwa declared the ongoing recruitment for the position that was previously occupied by Ezra Chiloba pursuant to vacancy notice titled ” vacancy in the position of commissioner secretary/CEO is unconstitutional and against the IEBC Act.
The judge ordered a fresh recruitment process to be commenced bearing in mind the express provisions of the law.
This is after Henry Mutundu, a voter from Machakos moved to court seeking a declaration that the vacancy notice was unconstitutional, null and void.
Mutundu also sought and applied for a declaration that the increase of required years of relevant experience from a minimum of five to 15 years violates the constitution therefore null and void.
He argued that the recruitment was not open, transparent, competitive and accountable as required by the Constitution.
The judge said Section 10(2) of the IEBC Act stipulates the requisite qualifications for the commission’s secretary, and that the qualifications are stated in mandatory terms, so there should be no “regression, addition or subtraction to the said qualifications”.
Through its Chairperson Wafula Chebukati, the commission published the notice inviting interested people to apply for the position of CEO/commission secretary by 31st January 2019.
Mutundu argued that the position is underpinned by specific statutory provisions.