Justice Wilfrida Okwany indicated that IEBC commissioners merely released a press statement indicating that they had resigned but did not write to the appointing authority.
Okwany ruled that the commissioners’ resignation could only be effective if they had sent a formal letter to the President.
The ruling was made in a case challenging the quorum at the IEBC.
The electoral body, which is supposed to have seven commissioners, requires a minimum of four commissioners to constitute quorum.
Last year in October, Roselyn Akombe resigned from the commission through a formal letter to the President.
In April this year, IEBC Vice-chairperson Connie Nkatha Maina, Commissioners Margaret Mwachanya and Paul Kurgat said they had resigned, citing lack of confidence in the commission.
Those who have continued to hold office are, Chairman Wafula Chebukati, Boya Molu and Abdi Yakub Goliye.
Earlier, Chebukati had raised concern that the commissioners continued to hold IEBC property, including their official cars, despite the purported resignation.
A spot check by Pulselive.co.ke further revealed that the IEBC website continues to list the four commissioners as part of the commission's leadership.