National Liberal Party (NLP) leader Dr Augustus Kyalo Muli has challenged the recruitment of the Independent Electoral and Boundaries Commission (IEBC) Secretary/Chief Executive Officer, seeking to stop interviews scheduled for November 12 and 13 over alleged constitutional violations in the process.
But the High Court has declined to certify the petition as extremely urgent or grant conservatory orders at the initial stage, leaving the recruitment process intact as the dispute heads to an inter partes hearing.
In directions issued on November 4, 2026, Milimani High Court judge Lady Justice R. E. Aburili ordered Muli and NLP to serve the petition and accompanying application on the respondents and interested parties.
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The case is scheduled for mention on November 11, a day before the interviews, placing the court’s next directions at the centre of the recruitment dispute.
The petition, filed under Constitutional Petition No. HCCHRPET/E749/2026, challenges IEBC’s decision to engage KPMG Advisory Services Limited in managing key stages of the recruitment exercise.
Muli and NLP have sued IEBC, KPMG, the Attorney General and nine shortlisted candidates, arguing that the commission’s handling of the process raises constitutional questions over its mandate, transparency and accountability.
KPMG’s Role Under Challenge
Court documents filed through MCM Advocates LLP indicate that IEBC advertised the position of Commission Secretary/CEO, with applications closing on August 11, 2026.
The commission subsequently engaged KPMG to oversee what the petitioners describe as an end-to-end recruitment process, including advertisement, receipt of applications, longlisting, credential verification and shortlisting.
The petitioners argue that the IEBC Act, read alongside Articles 248, 249 and 250 of the Constitution, places the relevant appointment responsibilities within the commission’s constitutional framework and does not permit their wholesale delegation to a private consultancy.
They are also questioning the alleged failure to disclose the recruitment scoring matrix, evaluation criteria and contractual arrangements between IEBC and KPMG.
According to the petition, the alleged non-disclosure violates Articles 35 and 47 of the Constitution, which guarantee access to information and fair administrative action.
The petitioners want the court to suspend the recruitment process, particularly the scheduled interviews, pending determination of the constitutional challenge.
They argue that proceeding with the exercise could undermine the effectiveness of the petition and render the proceedings nugatory.
Judge Rejects Urgency Bid
In her directions, Justice Aburili questioned why the application had been presented as urgent, noting that the recruitment process had been in the public domain and that the application period had closed in August.
The judge observed that candidates had already been longlisted and shortlisted, with interviews scheduled for November 12 and 13.
“I am not satisfied that the application is urgent, as the petitioner has had knowledge of the process being undertaken by the 1st Respondent and are in public domain,” Justice Aburili stated.
The court declined to grant conservatory orders at the ex-parte stage and directed the petitioners to serve the respondents and interested parties.
The November 11 mention will determine the next procedural steps as the parties prepare to address the court.
The directions do not amount to a determination of the petition’s constitutional questions or a ruling on the legality of KPMG’s involvement.
Nine Candidates Named
The nine shortlisted candidates listed as interested parties are Anthony Omerikwa, Halakhe Waqo, Harley Mutisya, Edmund Odiwuor Malitt, Andrew Gitau Kimani, Mohamed Abdullahi Abdi, Edward Katama Ngeywa, Martina Wato Yattani and Nelly Ilongo.
The position of IEBC Secretary/CEO carries significant administrative responsibility, with the successful candidate expected to head the commission’s secretariat as Kenya prepares for the 2027 General Election.
The recruitment dispute therefore places the commission’s administrative leadership under legal scrutiny ahead of the next electoral cycle.
IEBC, KPMG Advisory Services Limited and the other respondents are yet to file their responses to the petition, according to the information provided.
With the interviews approaching, the November 11 mention could shape the next phase of the dispute, although the court has not ordered the recruitment process suspended.
The substantive constitutional questions remain pending before the court.
