Three Independent Electoral and Boundaries Commission (IEBC) commissioners who resigned; Connie Maina, Margaret Mwachanya and Paul Kurgat have shifted the blame to President Uhuru Kenyatta in a case where activist Okiya Omtatah accused them of blocking their replacement.
Omtatah had argued that the commissioners failed to formally tender their resignations making it impossible to fill the arising vacancies while they continued enjoying their salaries, security details and other perks.
In a revealing response filed at the court, however, the commissioners stated that President Kenyatta was formally informed of their resignations on April 16, the same day they made the announcement at a city hotel.
The President is constitutionally obligated to announce vacancies at the commission within seven days of receiving the commissioners' resignations.
The Public Service Commission (PSC) then has 14 days to announce the beginning of the search to fill the vacancies.
“As far as we are concerned, we have resigned as commissioners but our resignation is yet to be officially communicated and no vacancy has been declared.
"It cannot therefore not be said that we are the reason recruitment has not commenced, the inference is factually and legally incorrect,” the commissioners stated.
Omtatah had asked the court to force them out of office, terming their alleged actions a constitutional violation.
The three commissioners resigned citing lack of confidence in Chairperson Wafula Chebukati's leadership.
Coupled with the resignation of Roselyne Akombe ahead of the repeat Presidential election in 2017, it left IEBC with only three commissioners; Chebukati, Abdi Guliye and Boya Molu.