National Super Alliance (Nasa) leader Raila Odinga has not formally quit the presidential race.
The electoral commission on Wednesday said Mr Odinga had not submitted a duly signed Form 24A, which is the document recognised in law for withdrawing one’s candidature.
As a result, IEBC said all the eight candidates who participated in August 8 election would be on ballot.
“It is the commission’s position that the candidates for the fresh presidential election scheduled for October 26, 2017 shall include all the eight candidates who participated in the 8th August presidential election,” IEBC said in a statement sent to the media on Wednesday.
The commission will also maintain the October 26 election date, according to the statement.
On October 10, Mr Odinga had written to the Independent Electoral and Boundaries Commission quitting the race.
He will now need to formally exit the race by filling the statutory Form 24A.
“Once the commission receives the requisite notice from any of the candidates, it will process it in accordance with the requisite provisions of the law,” the commission said.
IEBC had locked out all the other candidates, leaving President Uhuru Kenyatta and Mr Odinga.
The commission said it was relying on decision of the Supreme Court in 2013.
But a judgement by Mr Justice John Mativo that allowed Thirdway Alliance candidate Ekuru Aukot to be included in the fresh poll, left the door open for any of the other candidates, but with an option of opting out, if they so wished.
Omtatah wants IEBC stopped from declaring Uhuru president.