Ezra Chiloba, the embattled CEO of the Kenya’s election agency, 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 Chebulati 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.

The Judge said being a constitutional organ, IEBC should uphold the highest standards in its operations.

He filed the case after Mr Chebukati suspended him for three months to create room for scrutiny of unspecified “procurement issues” at the commission.

The suit shows he was sent on compulsory leave as a result of a protracted battle involving five tenders for last year’s General Election.

The CEO points an accusing finger at Mr Chebukati for allegedly orchestrating his removal.

Although he has sued Mr Chebukati, the then IEBC Vice-Chairperson Consolata Maina and commissioners Abdi Guliye, Boya Mulu, Margaret Mwachanya, Paul Kurgat and the commission, Mr Chiloba, through his lawyer Andrew Wandabwa, argues that it all boils down to his differences with Mr Chebukati.