The recruitment of the Independent Electoral and Boundaries Commission (IEBC) Secretary/Chief Executive Officer has been temporarily halted after the Employment and Labour Relations Court in Malindi issued conservatory orders suspending further steps in the process.
In orders issued on Thursday, November 5, 2026, Justice J.N. Abuodha certified a petition filed by Thomas Kennedy Balala as urgent and granted conservatory orders stopping the recruitment process pending an inter partes hearing on November 17.
The ruling affects interviews for nine shortlisted candidates, which had been scheduled for November 12 and 13.
The shortlisted candidates 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, filed as ELRCPET/E005/2026, names IEBC chairperson Erastus Edung Ethekon, the Commission and 11 others as respondents.
The Malindi ruling comes amid a separate constitutional challenge filed at the High Court in Nairobi questioning the IEBC’s decision to engage KPMG Advisory Services Limited to oversee the recruitment process.
In the Nairobi case, filed by Dr Augustus Kyalo Muli and the NLP, Justice R.E. Aburili declined on November 4 to certify the petition as extremely urgent for ex-parte consideration and directed that the matter be mentioned on November 11.
The petition challenges the Commission’s decision to outsource the recruitment exercise, including advertisement, receipt of applications, longlisting, verification and shortlisting, to KPMG.
Dr Muli argues that the arrangement raises constitutional questions regarding the independence and mandate of the Commission under Article 250(12) of the Constitution and Section 10 of the IEBC Act.
He is also seeking access to documents relating to the recruitment, including the contract between IEBC and KPMG, the recruitment scoring matrix, the Commission’s resolution authorising the engagement and the financial terms of the consultancy.
Welcoming the Malindi court’s intervention, Muli said the orders demonstrated the urgency of the issues raised in the separate constitutional petition.
“We welcome the Malindi orders. They confirm prima facie urgency. However, since IEBC contests ELRC jurisdiction over Article 250(12) appointments, we will still urge the Constitutional Court in Nairobi on 11 November to grant sustainable protection,” he said.
The two cases raise questions about the recruitment process, particularly the extent to which the IEBC can delegate recruitment functions to an external consultancy and the constitutional safeguards governing appointments within independent commissions.
The November 11 proceedings in Nairobi and the November 17 hearing in Malindi are expected to provide further direction on the legal challenges and the future of the recruitment process.
