High Court has temporarily halted interviews for the Chief Executive Officer position at the Independent Electoral and Boundaries Commission (IEBC) after a petition challenged the recruitment process.
The court issued the suspension after a Malindi resident moved to court, questioning how the commission handled the recruitment exercise.
The petitioner raised concerns that the list of applicants published by IEBC included foreigners’ names, arguing that this raised questions about whether the recruitment process met the requirements for the position.
National Liberal Party leader Dr Augustus Kyalo Muli also filed a case challenging the commission’s decision to hire a private firm to manage the recruitment.
Petition Challenges IEBC’s Decision to Hire KPMG
In Constitutional Petition No. HCCHRPET/E749/2026, filed at the Milimani High Court, Muli and the National Liberal Party have sued IEBC, KPMG Advisory Services Limited, the Attorney General and the nine candidates shortlisted for the position.
The petition challenges KPMG’s role in managing the recruitment, including advertising the vacancy, receiving applications, checking qualifications and selecting candidates for interviews.
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Court documents filed through MCM Advocates LLP show that IEBC advertised the position of Commission Secretary and CEO, with August 11, 2026, set as the deadline for applications.
The commission later contracted KPMG to manage the recruitment process.
Muli and the party argue that the IEBC Act and Articles 248, 249 and 250 of the Constitution give the commission responsibility for the recruitment and that these duties cannot be transferred entirely to a private firm.
They also accuse IEBC of failing to publish the scoring matrix, evaluation criteria and its contract with KPMG.
The petitioners argue that the failure to provide the information violates Article 35 of the Constitution, which guarantees access to information, and Article 47, which protects the right to fair administrative action.
They want the recruitment process suspended, particularly the interviews scheduled for November 12 and 13, until the court hears and determines the case.
Earlier Court Directions
In earlier directions issued on November 4, 2026, Justice R.E. Aburili declined to certify the case as extremely urgent and refused to grant conservatory orders at the initial stage.
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The judge questioned the urgency of the application, noting that the recruitment process had been public for some time and that the application period had closed in August.
Justice Aburili also directed the petitioners to serve all respondents and interested parties before the matter could proceed for consideration.
The case was scheduled for mention on November 11, a day before the interviews were due to begin.
IEBC Says All Shortlisted Candidates Are Kenyans
IEBC has defended the recruitment process, saying all nine candidates shortlisted for the position are Kenyan citizens.
In a statement on October 31, the commission said it received 304 applications and published the names to promote transparency and public access to information.
IEBC said KPMG Kenya was hired to manage the exercise, from advertising the vacancy and receiving applications to checking qualifications and shortlisting candidates.
The commission said applicants had to be Kenyan citizens, hold a degree recognised in Kenya, have at least five years of senior management experience and meet the leadership and integrity requirements under Chapter Six of the Constitution.
It added that it checked applicants’ national identity documents, citizenship and academic qualifications before preparing the final shortlist.
“Upon verification of national ID, citizenship and academic credentials, the final shortlist contains ONLY Kenyan citizens. All foreign applicants were disqualified at the preliminary stage for not meeting the citizenship requirement,” the commission said.
IEBC maintained that the recruitment was transparent and competitive, and urged Kenyans not to politicise the exercise.
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