The High Court has refused to rush a petition by National Liberal Party leader Dr Augustus Kyalo Muli, who wants the recruitment of the next IEBC Chief Executive Officer stopped. Interviews for the position are set for November 12 and 13, 2026.
Justice R. E. Aburili ruled on Tuesday, November 4, that the matter did not meet the bar for extreme urgency. She also declined to issue temporary conservatory orders at this first stage, when only the petitioners have been heard. Instead, she directed Muli and his party to serve all the respondents and interested parties, so the case can proceed with both sides present.
In her view, there was little reason for the haste. She noted that the recruitment process had been public for a while, the application window had long closed, and candidates had already been longlisted and shortlisted. She added that the petitioners had known about the process all along.
Muli and the National Liberal Party filed the petition at the Milimani High Court as Constitutional Petition No. HCCHRPET/E749/2026. They have sued the IEBC, consultancy firm KPMG Advisory Services Limited, the Attorney General and the nine shortlisted candidates.
Their main complaint is the commission's decision to hand KPMG the task of running the recruitment. Court papers filed through MCM Advocates LLP say the IEBC advertised the job with an August 11, 2026 deadline, then brought in KPMG to manage the process from start to finish. That included receiving applications, longlisting, verifying credentials and shortlisting.
The petitioners argue that the IEBC Act, read with Articles 248, 249 and 250 of the Constitution, gives the commission the power to make such appointments. In their view, this power cannot be passed on wholesale to a private company.
They also say the IEBC has not shared the scoring matrix, the evaluation criteria or its contract with KPMG. According to them, this violates Article 35 on access to information and Article 47 on fair administrative action.
The petitioners want the court to suspend the recruitment, especially the November interviews, until the case is heard and decided. They warn that letting the interviews go ahead could make the petition pointless.
The nine shortlisted candidates, who have been named 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 case will come up for mention on November 11, 2026, one day before the interviews begin. The post is a key one, since the successful candidate will lead the commission's secretariat as the country heads into the 2027 General Election.
0 Comments