Activist Okiya Omtatah wants the three officials, who resigned from the electoral commission last week, to formally do so and handover public assets in their possession.
In a case filed at the Labour court, Mr Omtatah argues that the three have made it impossible for the Independent Electoral and Boundaries Commission (IEBC) to announce vacancies and commence the process of replacing them.
He said vice chairperson Consolata Maina, commissioners Paul Kurgat and Margaret Mwachanya did not make a follow-up their public announcement by formally tendering their resignations to either President Uhuru Kenyatta or the commission.
"To make matters worse, even though the respondents have stopped reporting on duty, they are still getting perks that come with the office including salaries, security details, and official vehicles and drivers," he said in the case.
This, he said, is untenable in law because public resources are being expended on persons whose status as commissioners is a nullity in law, and who are not offering any services to the public.
He argues that by failing to formally tender their resignations and continuing to earn salaries and enjoy other benefits of the office is a violation of the constitution and the law.
He wants the court to force them to vacate office and hand over assets belonging to the commission.