Opposition chief Raila Odinga has maintained that ODM rebels must resign to allow for by-elections.
The ODM leader said members of the Orange party who defected to Jubilee should seek a fresh mandate from the electorate.
Mr Raila said he set the precedent in 1996 when he fell out with Ford Kenya. He resigned and sought a fresh mandate on a National Development Party (NDP) ticket as the Langata MP.
"It is fraud for one to be elected on the ticket of one party only to champion the ideals of (another) party. If you think you are popular enough, the only honourable thing to do is to resign and seek (a fresh) mandate from the electorate," he argued.
He said that as a party ODM had instituted a disciplinary process which recommended that the said rebels be allowed to fully belong to their party of choice and should not continue holding on to ODM despite their blatant breach of the law.
ODM has written to the Independent Electoral and Boundaries Commission, National Assembly Speaker Justin Muturi and Nairobi County Assembly Speaker Alex ole Magelo asking them to declare the seats vacant to set the stage for by-elections.
According to the Political Parties Amendment Act, the registrar is expected to de-register expelled members within seven days upon receiving a political party's resolution to expel its members.
The former Prime Minister also warned aspirants who will engage in violence or intimidation during campaigns that they would be disqualified.
