Embattled CEO of IEBC Ezra Chiloba has won the first round of his battle against suspension.
The Employment and Labour Relations Court on Thursday allowed Mr Chiloba to resume work as it determines the case he filed against chairman Wafula Chebukati and the commission.
In his ruling, Justice Stephen Radido said the decision to send Mr Chiloba on leave pending an audit did not have contractual obligation.
According to the judge, it would not be proportionate and in public interest to uphold the decision by IEBC because the decision had no contractual or legal foundation.
He filed the case after Mr Chebukati suspended him for three months to create room for scrutiny of unspecified â€śprocurement issuesâ€ť at the commission.
The suit shows he was sent on compulsory leave as a result of a protracted battle involving five tenders for last yearâ€™s General Election.
The CEO points an accusing finger at Mr Chebukati for allegedly orchestrating his removal.