Independent Electoral and Boundaries Commission’s CEO Hussein Marjan is in trouble for firing Deputy CEO Ruth Kulundu.
Employment and Labour relations Court found that the decision to interdict Ruth Kulundu was made without evidence and hence unconstitutional.
” On 9th August 2022 Kenyans went to the polls to choose their president and other elected leaders. This dispute resolves around activities leading to the tallying and announcement of the presidential election results in which Kulundu and IEBC were directly involved…soon after the elections, Kulundu was interdicted on allegations of misconduct…” reads the ruling in part.
While suspending the verdict, the court stated that Kulundu presented a proper argument and that neither party will suffer harm if Marjan’s decision to interdict Kulundu is suspended.
“It is safe to conclude that the charges were about insubordination and threat to staff….,” Court noted.
Kulundu was charged with impersonating and conducting an unlawful commission plenary meeting.
The Court ruled that Marjan Hussein acted in excess of his powers by purporting to interdict his deputy without the approval of a majority of the Commissioners.
“The move was a manifestation of the split. Marjan Hussein was in violation of the IEBC HR policy. He was the prosecutor and executioner. Consequently, I hold that this is a case for an injunction, “the court noted.
