- Four commissioners have resigned, leaving only the chairman and two others, so they cannot hold a plenary session
- Replacements for the three must be found for the IEBC to function, but it might be a while because of legal loopholes.
There is no mechanism for selecting a new panel to recruit the new commissioners.
For the electoral body to function, new commis must be recruited, but only after the President announces the vacancies.
The operations of the Independent Electoral and Boundaries Commission (IEBC) have stalled since the three commissioners who quit last month have not been replaced.
Following the resignations of commissioners Consolata Nkatha, Paul Kurgat, and Margaret Mwachanya, as well as that of Dr Roselyn Akombe last October, the IEBC cannot hold a plenary session with only Chairman Wafula Chebukati, and commissioners Abdi Guliye and Boya Molu.
Mr Chebukati, in court filings to support a case in which activist Okiya Omtatah wants them left in office, said that he had not received the resignation letters of the three commissioners and could only assume that they have absconded from duty.
But in response, the trio said they had written to the President on April 16 informing him of their resignations, as required by law.
Replacements for the three must be found for the IEBC to function, but it might be a while because of legal loopholes. For instance while the law requires the President to announce any vacancy in the IEBC seven days after it occurs, it does not spell out when the seven days begin, as is evident from the current case.