National Liberal Party (NLP) leader Dr Augustus Kyalo Muli has moved to the High Court seeking to halt the recruitment of the Independent Electoral and Boundaries Commission (IEBC) Secretary/Chief Executive Officer, challenging the commission’s decision to outsource key stages of the process to a private consultancy firm.
In Constitutional Petition No. HCCHRPET/E749/2026, filed at the Milimani High Court, Dr Muli and the National Liberal Party have sued IEBC, KPMG Advisory Services Limited, the Attorney General and nine shortlisted candidates for the position.
The petition challenges the legality and constitutionality of the recruitment process, particularly the commission’s decision to engage KPMG to manage the exercise.
Challenge to KPMG’s role
According to court documents filed through MCM Advocates LLP, IEBC advertised the position of Commission Secretary/CEO, with the application deadline set for August 11, 2026, at 5pm.
The commission subsequently engaged KPMG Advisory Services Limited to undertake what the petition describes as an end-to-end recruitment process, including advertisement, receipt of applications, longlisting, verification of applicants’ credentials and shortlisting.
Dr Muli and NLP argue that the IEBC Act, read together with Articles 248, 249 and 250 of the Constitution, vests the relevant appointment powers and responsibilities in the commission and that these cannot be delegated wholesale to a private entity.
The petitioners further contend that IEBC has failed to disclose the recruitment scoring matrix, evaluation criteria and its contractual arrangements with KPMG.
They argue that the alleged failure to provide this information violates constitutional guarantees under Articles 35 and 47, which protect access to information and the right to fair administrative action.
The petitioners are seeking conservatory orders to suspend the recruitment process, particularly the interviews scheduled for November 12 and 13, 2026, pending the hearing and determination of the case.
They argue that allowing the interviews to proceed could undermine the effectiveness of the petition and render the proceedings nugatory.
Court declines to certify petition as extremely urgent
In directions issued on Tuesday, November 4, 2026, Justice R. E. Aburili declined to certify the matter as extremely urgent and declined to issue conservatory orders at the ex-parte stage.
In her ruling, the judge questioned the urgency of the application, noting that the recruitment process had been in the public domain for some time and that the application period had closed in August.
“I have perused the Petition and Notice of Motion dated 3rd November filed under certificate of urgency. I observe that the application period closed on 11/8/2026 and candidates were longlisted and shortlisted. The shortlisted candidates are scheduled for 12th and 13th November 2026. 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 judge directed the petitioners to serve all respondents and interested parties, paving the way for the matter to be considered inter partes.
The case is scheduled for mention on November 11, 2026, for further directions, a day before the scheduled interviews.
The court’s decision does not determine the substantive constitutional questions raised in the petition.
Nine shortlisted candidates named
The nine shortlisted candidates listed as interested parties in the proceedings are:
- Anthony Omerikwa
- Halakhe Waqo
- Harley Mutisya
- Edmund Odiwuor Malitt
- Andrew Gitau Kimani
- Mohamed Abdullahi Abdi
- Edward Katama Ngeywa
- Martina Wato Yattani
- Nelly Ilongo
The IEBC Secretary/CEO position is strategically important, with the successful candidate expected to head the commission’s secretariat as the country prepares for the 2027 General Election.
The outcome of the petition could therefore have implications for the recruitment process and the institutional administration of the electoral commission.
IEBC, KPMG Advisory Services Limited and the other respondents are yet to file their responses to the petition.
The constitutional questions raised by Dr Muli and NLP will now await further consideration by the court.
