IEBC chairman Wafula Chebukati vowed not to take back two commissioners, who returned to office on Friday, after resigning.
Chebukati maintained that the two deputy vice chair Connie Maina and Margaret Mwachanya would not be allowed back as they had handed over commission assets in their possession having followed the due clearance procedures.
A statement from Chebukati's office stated: "The matter of the resignation of the former Commissioners was long settled not just by their public statement read out on April 16."
The IEBC Chair further stated that the commissioners filed and submitted their clearance forms and were cleared by the Secretariat.
"Additionally, they each swore affidavits affirming their resignations in High Court Petition 160 of 2018. They deposed (under oath) that they had submitted their letters to the President," the statement noted.
Chebukati stated that the court, in the August 10 judgement on petition 212 of 2018, made further observation that the vacancies should be filled by appointment of new commissioners.
"We have appeared before the Justice and Legal Affairs Committee of the National Assembly and that of the Senate to address the framework for filling the vacancies," the electoral agency chair remarked.
He further added that the commission was at the moment focusing on post-election evaluation, legal reforms, institutional reforms, and by-elections.
Justice Wilfrida Okwany had, however, ruled that the commissioners failed to follow due process when they tendered their resignation through a press statement instead of writing to the appointing authority.
IEBC was left short of four commissioners following the exit of deputy vice chair Connie Maina, Commissioners Margaret Mwachanya, Paul Kurgat, and Roselyne Akombe.
