Three IEBC Commissioners who recently announced their resignation from the electoral body could be forced to surrender all public assets in their possession as well as formally tender their resignations to either the president or the commission.
In a case filed in court, activist Okiyah Omtatah argues that the Commission Vice Chair Consolata Maina, Commissioners Paul Kurgat and Margaret Mwachanya are still receiving salaries and benefits making it impossible to commence the process of replacing them.
In a case filed under a certificate of urgency before the High court, the three IEBC Commissioners who resigned from the commission last week have been sued for violating provisions of the constitution through their continued earning of salaries while not reporting on duty.
Omtatah wants the court to prohibit IEBC from processing any pay or advance any benefits to the Commissioners after failing to follow up their announcement by formally tendering their resignations.
He says failure by the three to formally resign from office and hand over public assets to IEBC has made it impossible for authorities to announce vacancies in their offices.