The High Court has dismissed a case challenging IEBC's current composition.
Justice Wilfrida Okwany said on Friday that the commission cannot be termed unconstitutional because some commissioners resigned.
Okwany noted that three commissioners resigned through the press yet the requirement is for written notices to the president.
"No evidence has been produced to show that the president received their resignation notices in writing," the judge said.
He added that President Uhuru Kenyatta has not published a gazette notice declaring vacancies at the commission chaired by Wafula Chebukati.
The petitioners argue that the remaining commissioners do not form quorum for conducting the upcoming by-election.
Vice chair Consolata Nkatha, Paul Kurgat and Margaret Mwachanya announced their resignations at a press conference on April 16.
The announcement came days after Chebukati suspended CEO Ezra Chiloba “because of procurement issues”.
Mwachanya, who read a statement on behalf of her colleagues, said: "With the mistrust at the commission, we feel that our positions as commissioners are no longer tenable. We regret to tender our resignations with immediate effect."
The remaining commissioners are Boya Molu and Abdi Guliye.