ODM party chair John Mbadi has said that the outgoing IEBC commissioners are illegally in office having tendered their resignation letters to President Uhuru Kenyatta.
Speaking on Citizen TV on Tuesday night, Mbadi said that the commissioners should have left Anniversary Towers (IEBC headquarters) when the IEBC Amendment Act 2016 took effect more than a month ago.
"I do not know what these former and retired commissioners are still doing in office. In fact we have evidence that they have been meeting with the DP William Ruto and ICT cabinet secretary secretly with an aim of delaying and influencing 2017 General election," said Mbadi.
The Suba MP argued that there is a secretariat at the IEBC that should be left to handle the transition while all procurement of election materials should be stopped forthwith till new commissioners take office.
"The new IEBC law says we should have seven commissioners and it is now operational, what are 11 commissioners still doing in office if there is any rule of law in this country? These commissioners must leave immediately and find other things to do because Kenyans have rejected them," added Mbadi.
However, outgoing commissioner Thomas Letangule defended their stay saying that they were patriotic enough to agree to a negotiated exit and they are just in office to handle the transition.
"We accepted that we will vacate office as soon as new team of commissioners has been put in place. That is not subject to debate. Politicians must give the commission the good will it requires to be able to conduct a free and fair election," said Letangule.