Mr Chebukati has written to State House and the Treasury informing them that the commissioners remain in possession of IEBC property and their salaries — which are paid directly from the government’s main account — should be stopped.
Mr Chebukati told the court Wednesday that he wrote to the three commissioners on April 20 asking them to either report to their offices or issue the commission with letters confirming their resignation.
The three, who resigned on April 16 citing lack of confidence on the chair, are yet to respond to Mr Chebukati’s letter.
Independent Electoral and Boundaries Commission (IEBC) chairman Wafula Chebukati wants salaries of the three commissioners who announced their resignation from the electoral agency last month stopped.
Mr Chebukati has written to State House and the Treasury informing them that the commissioners remain in possession of IEBC property and their salaries — which are paid directly from the government’s main account — should be stopped.
The court heard that IEBC vice-chairperson Consolata Nkatha Maina and commissioners Margaret Mwachanya and Paul Kurgat did not resign formally, suggesting they continue to enjoy benefits that come with their jobs like pay, security and State-funded cars.
Mr Chebukati told the court Wednesday that he wrote to the three commissioners on April 20 asking them to either report to their offices or issue the commission with letters confirming their resignation.
The three, who resigned on April 16 citing lack of confidence on the chair, are yet to respond to Mr Chebukati’s letter. “It is clear that they have absconded duty unlawfully,” Mr Chebukati said in court documents.
A commissioner resigns from office by sending a letter to the president, issuing a one-month notice or paying one month’s gross salary in lieu of the notice, he said.
It remains unclear if the President received their resignation letters. The president is supposed to announce a vacancy at the commission within seven days of receiving resignation letters.
The Public Service Commission will then have 14 days to search for new commissioners, picked by a panel and approved by the president and MPs.
The three announced their resignation 24 days ago.
Mr Chebukati said that the three must settle any outstanding liabilities and return all property belonging to the commission if confirmed that the president received their resignation letters.
He also wants them compelled to return all documents belonging to the IEBC, computers — both hardware and software — and any training material, keys and security passes.
Mr Chebukati also wants each to sign a certificate of clearance with various departments at the commission to avoid being surcharged and to facilitate their clearance by the Treasury and the commission.
The resignation leaves only two commissioners and the chairman at IEBC whose chief executive was sent on a three-month compulsory leave pending an audit on procurement matters.
The three resigned days after the suspension of the CEO.
Mr Chebukati’s comments are in response to a suit filed by activist Okiya Omtatah who wants the three to formally hand their resignation letters to the president and the commission.
“To make matters worse, even though the respondents have stopped reporting on duty, they are still enjoying the trappings of office, including salaries, security detail, and official vehicles and drivers,” Mr Omtatah says in his petition.
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