In an email to the yesterday, Mr Kelley said he was "not anticipating" any change to his plans.
"I can only wait to see what happens in the next 36 hours."
Mr Kelley was responding to a claim by a representative of Tonga's King George Tupou V that the Tongan Government's non-renewal of his contract was "illegal".
The representative, the Lord Keeper of the Privy Seal, V. V. Tone, said in a letter yesterday to the Tongan news service, Matangi Tonga, the king had not been consulted.
"His majesty in council was at no time consulted by either the police minister or the prime minister with regard to their decision to act independently of the provisions of the law by not renewing the contract of the police commissioner, Commander Kelley."
Mr Kelley's contract runs out on September 11, although he is scheduled to go on leave today.
The decision not to renew Mr Kelley's contract was announced by Tongan Police Minister Dr Viliami Latu on Tuesday. Dr Latu said he would take over as acting police commissioner.
Mr Tone claimed the move would deprive the king of powers of appointment in certain areas of government.
"The reasons behind these appointments should be founded upon merit and performance.
"Instead, it is now proposed that the king in council's powers be given over to the cabinet and, by extension, the whim of a particular minister.
"This is precisely the reason for depositing these powers with the king in council in the first place."
Dr Latu was charged with assaulting his wife last year and Mr Kelley had also put 16 of his fellow police officers before the courts on theft, violence and bribery charges.
Dr Latu has been reported as saying the newly elected Government wanted a Tongan in the position.
He also pointed out that, under the Tonga Police Act 2010, police officers were required to retire at 60. Mr Kelley is 61.
Mr Latu said the Government planned to amend the Act to give it the right to appoint a commissioner.
