Activist Okiya Omtatah wants the Labour court to compel three Independent Electoral and Boundaries Commission (IEBC) officials Connie Maina (Vice-Chair), Margaret Mwachanya and Paul Kurgat to formally resign and hand over all public assets in their possession.
Omtatah argues that the commissioners who publicly announced their resignations on April 16 at a Nairobi hotel failed to do so formally making it impossible to replace them.
He further explained that by failing to write to either the President or the IEBC, the trio was able to draw salaries and benefits despite not offering any services to the public.
"To make matters worse, even though the respondents have stopped reporting on duty, they are still getting perks that come with the office including salaries, security details, and official vehicles and drivers," he stated.
Omtatah stated that the commissioners' actions were a violation of the Constitution and called on the court to force them to vacate office.
[caption caption="IEBC Chairperson Wafula Chebukati"]
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He noted that the vacancies in the commission could not be advertised until they formally tendered their resignations.
The three commissioners resigned citing a lack of confidence in Chairman Wafula Chebukati's leadership.
Their announcement came days after Chebukati suspended CEO Ezra Chiloba to allow for a probe into procurement issues around the 2017 General Election.
A bid by Chiloba to have the Employment and Labour Relations Court overturn the decision flopped as the judge ruled that he would suffer no prejudice.
Pressure has been piling on Chebukati to also resign along with commissioners Abdi Guliye and Boya Molu.
[caption caption="IEBC Chairman Wafula Chebukati with suspended CEO Ezra Chiloba"]
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