Labour court declines to grant orders seeking to stop any intended termination of some IEBC employees

Employment and Labour relations judge Nelson Abuotha has declined to grant orders sought by the Kenya Independent Commission Workers Union on behalf on several IEBC employees seeking to stop any disciplinary action against them or termination of their employment.

The union is seeking a temporary injunction restraining the IEBC or their agents from commencing any disciplinary action, suspending, terminating or otherwise interfering with the employment of six of its employees.

The six include IEBC C.E.O Ezra Chiloba, Immaculate Kassait, James Muhati, Betty Nyabuto, praxedes Tororey, Moses Kipkogey, their constituency returning officers and any member of the staff of secretariat of the respondent.

They are also seeking an injunction restraining the IEBC and their agents from making public announcements to the effect that it would suspend and/or terminate their employment.
The application is based on grounds that pursuant to the determination of the supreme court ruling on 1st September 2017, IEBC intends to make internal changes to its staff and processes ahead of fresh presidential elections to be held on October 17.
They add that on the same date, NASA coalitions issued a press statement in which it singled out specific employees of IEBC as having been co-conspirators in unspecified alleged criminal offenses.
They further state that since then, there have been various media reports amplifying the intended staff changes and/or termination of IEBC employees employment.
They also claim that on 5th September 2017, NASA wrote to the IEBC chairman calling for the suspension or stepping aside specified employees for alleged unsubstantiated, partisanship.
On 5th September and implying culpability on the part of the said employees, the IEBC sidelined and or disregarded the above-mentioned employees in its appointments to a project team for purposes of fresh presidential elections.
The applicants claim that they have legitimate expectations that IEBC will adhere to provisions of the Employment Act and the Constitution if and when contemplating staff changes or termination of its employees.
They state that the action of the chairman which has triggered an avalanche of accusations and condemnations of the affected employees amount to a breach of the Constitution and the claimants’ legitimate expectations.
They declare that IEBC in tensions is premature, baseless, ill advised, malicious and in bad faith and are meant to intimidate, humiliate, castigate and eventually found out of employment un procedurally.