The Employment and Labour Relation Court has reinstated IEBC Deputy CEO Ruth Kulundu.
In its ruling on Thursday January 26, the court stated that Kulundu made a proper case adding that no party will suffer prejudice if the decision is suspended.
According to justice Linet Ndolo, Kulundu’s charges were breach of confidentiality, insubordination and intimidation of staff.
She also noted that IEBC CEO Hussein Marjan violated the IEBC HR policy when giving Kulundu the interdiction letter.
“It was expected that Marjan would have injected alkaline instead; it appears he was sucked into the split. The move was a manifestation for the split. Marjan Hussein was in violation of the IEBC HR policy. He was the prosecutor and executioner,” ruled Justice Ndolo.
Kulundu was suspended from office by IEBC CEO Marjan Hussein Marjan in September 2022 over allegations of gross misconduct, insubordination and participation in illegal activities, contrary to her employment terms of service.
Marjan also accused Kulundu of impersonation and arranging an illegal commission plenary meeting for the Cherera four commissioners.
Marjan claimed Kulundu impersonated him and usurped his authority by performing duties normally assigned to the CEO’s office.
She is also accused of threatening and intimidating commission staff, which is a violation of IEBC regulations and rules of conduct. Moses Sunkuli, the Acting Director of Voter Registration and Electoral Operations, is one of the complainants.
In her case, Kulundu claimed that the suspension letter was signed by three of the seven commissioners.
According to her, the decision should have been made unanimously by all of the commissioners.
“The first respondent (IEBC) has acted in excess of his powers to purport to interdict the applicant from her Employment without the approval of a majority of the commissioners, which actions are in excess of his legal mandate. Further, the 1st Respondent continues to act in a manner that completely flouts the provisions of the law on the rights of the applicant and continues to breach her rights to fair labour practices,” Kulundu’s lawyer told the court.
Also Read: Amount of Money Chebukati, Guliye & Molu Will Take Home After Exiting IEBC
