Activist Okiya Omtatah wants the court to compel the three IEBC commissioners who resigned to do so formally.
Omtatah argues that former Vice Chair
Consolata Nkatha, Margaret Mwachanya and Paul Kurgat
are still being paid salaries and benefits.
He says they have made
it impossible for authorities to announce the vacancies in their offices and start the recruitment process.
Omtatah, who moved to court on Wednesday, adds that the three have not formally written to the President or their IEBC about their resignations.
Nkatha, Mwachanya and Kurgat quit on April 16, saying Chairman Wafula Chebukati has failed to give proper leadership.
The announcement came days after Chebukati suspended CEO Ezra Chiloba “because of procurement issues”.
Chebukati said that he will not resign because each commissioner is appointed to serve in individual capacity.
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