The three — Consolata Nkatha, Margaret Mwachanya and Paul Kurgat — said they formally informed Mr Kenyatta of their resignation on April 16.
The law demands the President announce a vacancy at the commission within seven days of receiving the commissioners’ resignation.
The Public Service Commission will then have 14 days to announce the search for new commissioners.
President Uhuru Kenyatta is under the spotlight following court revelations that he is yet to make public the resignations of the three Independent Electoral and Boundaries Commission (IEBC) in line with the law.
The three — Consolata Nkatha, Margaret Mwachanya and Paul Kurgat — said they formally informed Mr Kenyatta of their resignation on April 16.
The law demands the President announce a vacancy at the commission within seven days of receiving the commissioners’ resignation.
The Public Service Commission will then have 14 days to announce the search for new commissioners.
The three announced their resignation 29 days ago, shifting the focus to Mr Kenyatta.
“As far as we are concerned, we have resigned as commissioners but our resignation is yet to be officially communicated and no vacancy has been declared,” they said.
“It cannot therefore not be said that we are the reason recruitment has not commenced, the inference is factually and legally incorrect.”
They were responding to a suit by activist Okiya Omtatah who accused the three of enjoying the trappings of office, including salaries, security details, and official vehicles and drivers because they had not formally handed in their resignation to the President.
