High court reinstates IEBC's ICT officer sacked over election malpractices

The Employment and Labour Relations Court has reinstated an ICT officer from the Independent Electoral and Boundaries Commission (IEBC) who was dismissed for allegedly registering residents, previously recorded as refugees, as voters in Wajir County.

Abdi Adan, the former County ICT officer for Wajir, was dismissed on January 19, 2023 following allegations of malpractice during voter registration. His dismissal came after his demotion from Grade 6 to Grade 7 in a letter dated January 19, 2023.

Justice Onesmus Nzioka ruled that Abdi’s dismissal was unlawful due to procedural flaws. The court found that the IEBC lacked a proper quorum to conduct a disciplinary hearing after the resignation of four commissioners, known as the "Cherera Four." The judge stated that Abdi’s labour rights, including fair hearing and administrative action, could not be upheld without a properly constituted IEBC.

“Fair labour practices, fair administrative action, and the right to a fair hearing require a properly constituted decision-maker. Failure to adhere to these principles exposes the process to judicial review,” said Justice Nzioka.

The court also noted irregularities in the disciplinary process. Abdi’s case, which should have been handled by the Human Resource Management Advisory Committee (HRMAC) as stipulated in the IEBC HR Procedure Manual, was instead overseen by the Commission Disciplinary Committee (CDC). The hearing lasted only 15 minutes, during which Abdi was allegedly denied an opportunity to defend himself.

The dismissal decision was communicated after the term of the IEBC commissioners had lapsed, raising further questions about its legality.

The court ordered Adan’s reinstatement to his previous position and directed the IEBC to pay all withheld salaries and reimburse his legal expenses. However, the commission retains the right to pursue disciplinary action for any misconduct revealed during its investigations or audit reports.

The allegations against Abdi stemmed from events in February 2022 during voter registration in Wajir South Constituency. Adan explained that the additional voters were Kenyan citizens who had been previously recorded as refugees but had acquired national identity cards. The matter was initially resolved, and the contested voters were uploaded to the IEBC database.

Despite this resolution, Abdi faced multiple transfers and a warning letter before his eventual suspension. An investigation by the commission and an audit by KPMG alleged that Abdi had engaged in irregular voter registration using unauthorised credentials.

The court’s decision has highlighted the importance of adherence to due process and proper governance in employment and disciplinary matters, particularly in sensitive roles such as electoral oversight.