Ideally, the commission as constituted can not transact businesses following exit of Consolatta Nkatha, Paul Kurgat and Margaret Mwachanya.
IEBC Chairman Wafula Chebukati said in a statement on Monday evening that the three officials who quit "have not returned the public assets entrusted to them" and said that the commission's "operations are on course" despite the resignations and the on-going audit.
"For too long and way too many times, the commission chair chair has failed to be steady and stable hand that steers ship in hard times", they said.
The commissioners were referring to the suspension of Ezra Chiloba, the commission CEO, over "procurement issues" and "misappropriation of funds" during the last general elections that the IEBC chairman wants investigated while Chiloba is away.
Last year, Kenya's supreme court nullified the result of the president election, forcing the poll to be held again.
The announcement by Nkatha, Kurgat, and Mwachanya on Monday came ahead of an anticipated plenary meeting that was to be chaired by Chebukati who returned to the country from an election conference in Nigeria.
After the resignation of three commissioners IEBC is now left with the Chiar and only two commissioners, Prof.
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"Henceforth, political parties should nominate IEBC Commissioners".
With only three Commissioners, the poll agency falls below the requisite quorum for making binding resolutions.
He moved to court seeking to overturn the decision but the Employment and Labour Relations Court failed to rule in his favour.
Technically, the Chebukati-led team can not conduct any business due to lack of quorum.
Justice Radido set May 7 as the hearing date for Chiloba's petition having directed all IEBC Commissioners to file affidavits ahead of the hearing. "Consequently, we regret to announce our resignation from the commission with immediate effect".
"Akombe resigned, three more have resigned saying Chebukati is always at loggerheads with the secretariat and other commissioners. We must banish external players from the Commission Boardrooms and reclaim the Commission's independence" they said in the statement.