Electoral commission chairman Wafula Chebukati (above) has opposed an application seeking to have the remaining commissioners resign.
A Baringo voter, Biwott Kangwony said IEBC, as currently constituted, cannot carry out its mandate effectively due to lack of quorum and is contrary to the constitution.
Through lawyer Arnold Ochieng Oginga, the petitioner also wants the court to stop all by-elections the commission is scheduled to preside over.
But Chebukati dismissed the petition saying conducting a by-election is not an initiative of the commission.
“The issue of quorum will only come into play during a meeting of the plenary, not when conducting by-elections," Chebukati said.