The High Court has declined to grant urgent interim orders seeking to halt the upcoming interviews for the position of Chief Executive Officer and Secretary of the Independent Electoral and Boundaries Commission (IEBC).
Delivering the ruling, Justice Aburili Roselyne Ekirapa determined that the application failed to meet the threshold of extreme urgency required to warrant ex-parte conservatory orders, effectively clearing the way for the selection process to proceed as scheduled.
The judge noted that the recruitment exercise had been in the public domain for months, with applications closing in August 2026, meaning the petitioners had ample time to challenge the process earlier.
“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 long listed 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 ruled.
The Constitutional Petition No. HCCHRPET/E749/2026 was filed at the Milimani High Court by National Liberal Party leader Dr. Augustus Kyalo Muli and his party. It targets the IEBC, KPMG Advisory Services Limited, the Attorney General and nine shortlisted candidates.
The petitioners argue that the IEBC unlawfully delegated core constitutional functions, including advertising the position, receiving applications, verifying credentials and shortlisting candidates, to KPMG Advisory Services Limited, in violation of Articles 248, 249 and 250 of the Constitution and provisions of the IEBC Act.
Furthermore, the legal team maintained that the IEBC breached Articles 35 and 47, which guarantee the rights to information and fair administrative action, by failing to disclose the scoring matrix, assessment criteria and specific terms of its contract with KPMG.
The petitioners had sought to suspend the recruitment exercise, arguing that proceeding with the interviews on November 12 and 13, 2026, would render their legal challenge moot.
Out of 304 valid applications, nine candidates were shortlisted: 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 position of Secretary/CEO is particularly important for Kenya as the country approaches the 2027 General Election. The successful candidate will head the commission’s secretariat.
The petition does not focus on the merits of the individual candidates but rather on the legality and transparency of the appointment process. Substantive issues will be heard inter partes.
– John Murunga
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