IEBC, KMPG sued over the commission's CEO recruitment process

A court battle over the appointment process for a new Independent Electoral and Boundaries Commission (IEBC) has landed in court. [File,Standard]

A court battle over the appointment process for a new Independent Electoral and Boundaries Commission (IEBC) has landed in court.

 Augustus Kyalo and the National Liberal Party (NLP) have sued the IEBC, audit firm KPMG Advisory Services Limited and the Attorney General, claiming that the process is flawed, as the commission cannot delegate its powers to anyone or any company.

Their lawyer Charles Mwalimu stated that the commission had allegedly admitted that it had procured KPMG services, which included advertising, receiving applications, listing, verification and shortlisting.

At the same time, Mwalimu alleged that the Ethekon Edung-led commission had also not disclosed the scoring matrix and criteria that governed the recruitment exercise.

“The recruitment exercise exhibits material illegalities, including the unlawful delegation and abdication of non-delegable statutory decision-making powers to a private contractor (KPMG Advisory Services Limited), contrary to Article 250(12), Article 249(2), and Section 10(1) of the IEBC Act, alongside violations of Articles 10, 27, 35, 47, 73, and 232 of the Constitution,” argued Mwalimu.

 The commission advertised for the vacancy on July 28, 2026, inviting applications from qualified persons to apply with a closing date of August 11, 2026.

It then shortlisted nine persons for the final round of selecting the next person to occupy the position left by Hussein Marjan Hussein. Those in the final list are Anthony Omerikwa, Halakhe Waqo, Harley Mutisya, Edmund Odiwour, Mohamed Adbullahi, Edward Katama, Martina Wato, and Nelly Ilongo.

It slated their interviews for November 12 and 13, 2026.

However, Mwalimu argued that the court should stop the exercise until the case is heard and determined.

“ The Commission Secretary/CEO is the administrative head, accounting officer, custodian of records, and central officer executing the mandate of the IEBC ahead of electoral processes. The recruitment process must command absolute public trust and legal legitimacy,” he argued.

Mwalimu stated that he wrote to the Commission, seeking disclosure of the PMG contract, scoring matrix, verification reports, and Commission minutes.

However, according to him, there was allegedly no reply.

“As an independent constitutional  commission under Articles 248 and 249(2), the 1st Respondent shall not be subject to the direction or control of any person or authority, and cannot delegate substantive statutory discretion to a private entity (delegatus non potest delegare). The recruitment process must adhere strictly to the constitutional values of transparency, meritocracy, public participation, and fair administrative action under Articles 10, 35, 47, and 232 of the Constitution,” he stated.

In his supporting affidavit, Kyalo argued that the final shortlist should have also complied with the two-thirds gender rule.

He claimed that the shortlist does not give a fair opportunity to women, as only two made it to the final process, and seven were men.

“The published shortlist contains seven (7) men and only two (2) women (~22% female representation), raising serious questions under Article 27(8) and Article 232(1)(i) of the Constitution regarding gender balance and equal opportunity, which the 1st respondent must justify,” argued Kyalo, adding that the process is critical to the national election confidence.

“An unconstitutional, opaque, and legally flawed recruitment process will be foisted upon a vital independent constitutional commission, undermining public confidence in the electoral management body ahead of national electoral processes. The appointment of a Chief Executive Officer and Commission Secretary through an unconstitutional delegation of statutory power will severely compromise the institutional integrity, neutrality, and independence of the 1st Respondent, leaving the public without an adequate remedy once the fait accompli of an appointment is finalized,” he continued. The lawyers are now demanding compliance from the National Intelligence Service, Anti-Terror Police Unit, Kenya Defence Forces, Directorate of Criminal Investigations and National Intelligence Service who have been summoned to appear before court on 13th November for cross examination.