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Court bars IEBC trio from accessing office

Bernice Mbugua, George Kebaso and Alvin Mwangi @PeopleDailyKe

Three resigned Independent Electoral and Boundaries Commission (IEBC)commissioners have been barred from accessing the agency’s Anniversary Towers offices.

Justice Chacha Mwita temporarily restrained IEBC vice chairperson Consolata Nkatha, commissioners Margaret Mwachanya and Paul Kurgat pending the hearing of an application filed by activist Okiya Omtatah.

The judge said he was satisfied there was danger if they are allowed to assume office after they had been away, if indeed they had resigned.

“If indeed they had resigned and want to resume office, it is not only against the law but also taking Kenyans for granted to demand to get back to office,” said Mwita.

The judge also noted that the matter was of public interest and if they are allowed to resume office and the court later rules otherwise, it would be prejudicial as they would have been paid or what taxpayers’ money. He directed Omtatah to serve the respondents for inter parte hearing on August 17.

Elsewhere, Human Resource professionals termed the return of the commissioners, a breach of the Practice Act and their attempt should be treated as trespass.

Institute of Human Resource Management (IHRM) chairman Elijah Sitima said yesterday HR best practices are clear that employees in the public and private sector must follow stipulated guidelines in their conduct.

He spoke at a Nairobi hotel as Third Way Alliance dismissed the dramatic return of the three commissioners last Friday.

The alliance leader, Ekuru Aukot, said commissioners  should not be allowed back to office they ostensibly resigned from four months ago.

“The return is unacceptable. The three commissioners had failed the integrity test and should not take Kenyans for granted,” he added.

While releasing the June 2018 Certified Human Resources Professional (CHRP) results, Sitima said an employee wishing to resign from duty must give notice of such an intention to their respective employer.

In his application, Omtatah  claims the three, in another case that was before court, had stated under oath that they had formally resigned from being commissioners of IEBC by writing to the President on April 16 and had handed over their offices and their salaries and benefits had been stopped by IEBC.

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