IEBC chairman Wafula Chebukati has reaffirmed that the three commissioners, of which two returned to office on Friday, resigned.
The electoral agency is short of four commissioners following the exit of deputy vice chair Connie Maina, Commissioners Margaret Mwachanya, Paul Kurgat, and Roselyne Akombe.
Maina and Mwachanya returned to their offices in the wake of the August 10 ruling which held that they did not follow due process while quitting.
But Chebukati says the two cannot be allowed back as they had handed over commission assets in their possession having followed the due clearance procedures.
“The matter of the resignation of the former Commissioners was long settled not just by their public statement read out on April 16,” the chair said on Sunday.
He said 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.”
Chebukati said 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 chair said that the commission is at the moment focusing on post-election evaluation, legal reforms, institutional reforms, and by-elections.