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The High Court has temporarily suspended interviews for the position of Independent Electoral and Boundaries Commission (IEBC) Chief Executive Officer following legal challenges over the recruitment process.
The decision comes after several concerns were raised about the commission’s handling of the exercise, including questions surrounding the involvement of a private recruitment firm and the publication of applicants’ names.
A Malindi resident reportedly moved to court after noticing foreign-sounding names on the list of applicants published by IEBC, raising questions about whether the recruitment process complied with constitutional requirements.
National Liberal Party leader Dr Augustus Kyalo Muli has also challenged the recruitment, particularly IEBC’s decision to contract KPMG Advisory Services Limited to oversee the exercise.
In Constitutional Petition No. HCCHRPET/E749/2026, filed at the Milimani High Court, Muli and his party sued IEBC, KPMG, the Attorney General and the nine shortlisted candidates.
The petitioners argue that the Constitution and IEBC Act place responsibility for recruiting the commission’s secretary and CEO on the commission itself.
They question whether IEBC could delegate critical responsibilities, including advertising the vacancy, receiving applications, verifying qualifications and shortlisting candidates, to a private company.
They further accuse the commission of withholding the recruitment scoring matrix, evaluation criteria and its agreement with KPMG.
The petitioners want the interviews, initially scheduled for November 12 and 13, suspended until the court determines the case.
Earlier, on November 4, Justice R.E. Aburili declined to certify the application as extremely urgent and refused to issue conservatory orders at the initial stage.
The judge directed the petitioners to serve all respondents before further consideration. The matter was scheduled for mention on November 11.
Meanwhile, IEBC has defended its recruitment process, insisting that all nine shortlisted candidates are Kenyan citizens.
In an October 31 statement, the commission disclosed that it received 304 applications and contracted KPMG to manage the recruitment.
IEBC maintained that all foreign applicants were disqualified during preliminary screening after verification of citizenship, national identification documents and academic qualifications.
The commission also urged Kenyans to avoid politicising the recruitment exercise, insisting that it was conducted competitively and transparently.
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