Independent Electoral and Boundaries Commission (IEBC) commissioners who resigned are still in office, the High Court has ruled.
Delivering his judgement, Justice Wilfrida Okwany said that the four commissioners did not follow the right procedure when they stepped down from office.
Justice Okwany noted that the commissioners did not tender their resignation letters to President Uhuru Kenyatta who he says was the appointing authority.
Instead, he said they resigned via a press statement.
The judge then ruled that the commission can conduct the Migori senatorial by-election which is scheduled for October 17, 2018, insisting that the resignations did not affect the composition of the IEBC.
In April 17, 2018, IEBC Vice-chairperson Connie Nkatha Maina, Commissioners Margaret Mwachanya and Paul Kurgat resigned, citing lack of confidence in the commission.
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