Twenty two ministers and assistant ministers on Wednesday evening sent their resignation letters to President Kibaki.
The ministers resigned ahead of the swearing in ceremony for MPs and Senators Thursday.
Last week, President Kibaki called for the first sitting of the National Assembly and Senate on March 28 and the first order of business will be swearing in of members and election of speaker of the two Houses.
The Head of State also directed all ministers and assistants elected in the March 4 Election to resign with immediate effect.
Of the 22 ministers expected to quit only 10 have adhered to the directive while 12 out 19 assistant ministers have resigned from their posts.
Section152 (3) of the Constitution says that a Cabinet minister shall not be a member of parliament.
In section 77, the law says a full time state officer shall not participate in any gainfulemployment.
On Tuesday, Medical Services minister Prof Anyang Nyong’o went to court to challenge the president’s directive communicated through the Head of Public Service Francis Kimemia that members of the cabinet who were elected in different elective positions resign to qualify to be sworn in by the Clerk of the National Assembly.
Prof Nyong’o asked the court to quash president Kibaki’s directive saying it would create a constitutional crisis. He termed the directive as “illegal”.
Ministers who have resigned include: Yusuf Haji (Defence), Dalmas Otieno (Public Service), Esther Murugi (Special Programmes), Mutula Kilonzo (Education), Naomi Shaban (Gender), Kiraitu Murungi (Energy), Jamleck Kamau (Nairobi Metropolitan), Mohammed Elmi (Northern Kenya and other arid areas), Beth Mugo (Public Health) and Katoo Ole Metito (Internal Security).
Assistant ministers who have quit are: Dr James Gesami (Public Health), Cecily Mbarire (Tourism), Joseph Nkaiserry (Defence), Simon Ogari (Information and Communication), Asman Kamama (Higher Education), Gonzi Rai (Lands), Wilfred Machage (Roads), Japhet Mbiuki (Agriculture), Peter Munya (East Africa Community), Amb Mohamed Mahamud (Energy), Mohamed Chiaba (Fisheries) and Joseph Nanok (Forestry and Wildlife).
19 ministers and assistant ministers are yet to relinquish their posts ahead of the swearing in ceremony.