Court gives IEBC nod to hire deputy boss

Independent Electoral and Boundaries Commission (IEBC) Chairman Issack Hassan. Mr Hassan and his team met President Kenyatta on Friday. FILE PHOTO | FILE

What you need to know:

  • The IEBC had opposed the application to stop the recruitment arguing that it had a sensitive mandate to handle elections “which if done improperly would have serious consequences” if there was a vacuum in the deputy CEO’s office.
  • Mr Shollei, the CEO James Oswago, director of finance Edward Karisa and procurement manager Willy Kimanga are fighting a Sh1.3 billion corruption charge relating to the procurement of electronic voter identification kits for the March 4, 2013 elections.
  • Before the anti-corruption court, the officials are accused of failing to ensure that changes made to the contract awarded to Face Technologies Limited for supply of electronic voter identification devices were approved by the commission.

The Independent Electoral and Boundaries Commission (IEBC) can go ahead and recruit a deputy chief executive officer to replace Mr Wilson Shollei, a Nairobi court has ruled.

Lady Justice Maureen Onyango of the Industrial Court turned down an application by Mr Shollei to block the commission from short-listing or interviewing candidates for the position of the deputy CEO and the deputy secretary.

The IEBC had opposed the application to stop the recruitment arguing that it had a sensitive mandate to handle elections “which if done improperly would have serious consequences” if there was a vacuum in the deputy CEO’s office.

But Mr Shollei got a reprieve after the judge declared his termination void and ordered the status quo before his dismissal be maintained pending the conclusion of the anti-corruption case he is facing together with three other officials.

Justice Onyango said Mr Shollei’s dismissal by IEBC had the effect of denying him the right of lifting his suspension should the case pending before the anti-corruption court be withdrawn or he is acquitted.
CORRUPTION CHARGES
The judge faulted IEBC for terminating Mr Shollei’s employment, saying the action did comply with the provisions of the Anti-Corruption and Economic Crimes (EACC) Act, which provide for dismissal only after conviction in conformity with sections 63 of the Act.  

Mr Shollei, the CEO James Oswago, director of finance Edward Karisa and procurement manager Willy Kimanga are fighting a Sh1.3 billion corruption charge relating to the procurement of electronic voter identification kits for the March 4, 2013 elections.

“I agree with the commission’s submissions that its work must go on despite the suspension of the claimant (Mr Shollei),” said the judge.

She added: “Asking the court to stop the filling of the position he previously held would be tantamount to blocking the IEBC from exercising its mandate under the Constitution.”

Through lawyer Edwin Sifuna, Mr Shollei told Justice Onyango that his dismissal was unfair and was undertaken unconstitutionally.

He argued that he had not been subjected to any disciplinary process during his tenure to warrant his dismissal and urged the court to quash his termination and order that he be compensated for breach of contract.

EMPLOYMENT ILLEGAL

His lawyer submitted that the procedure followed by IEBC in terminating Mr Shollei’s employment was illegal and in violation of the commission’s human resources and administrative policies.

Before the anti-corruption court, the officials are accused of failing to ensure that changes made to the contract awarded to Face Technologies Limited for supply of electronic voter identification devices were approved by the commission.

They face additional charges of abuse of office for allegedly conferring benefit of Sh1.3 billion to Face Technologies for supply of the electronic gadgets without ascertaining if the devices met the technical specifications in the contract.

Mr Karisa and Mr Kamanga face another charge of failing to inspect and confirm the devices supplied by Face Technologies were in good working condition.

The accused have all denied the charges before senior principal magistrate Ms Doreen Mulyeko and are out on Sh500,000 cash bail pending the hearing and determination of the case.

Their lawyers have argued that the offences were of a technical nature due to alleged failure of the IEBC electronic voting system and did not constitute any economic crime.