Chief justice Martha Koome has questioned the decision of the IEBC chairman Wafula Chebukati to allocate 'domestic chores' to the commissioners.
Speaking after Thursday's submissions by the respondents, Koome said it was unsettling that Chebukati would leave the core business of IEBC to its CEO.
"We are being told that they did a good job in the polling stations, until the national tallying centre where they are all there, but they are not doing the core business according to the Constitution."
"They have been given other duties. This is bringing a lot of questions to our minds," she said.
Koome was directing her comments to IEBC lawyer Githu Muigai.
During his submission on Wednesday, lawyer Paul Nyamodi said Chebukati had turned the Commission's duty into that of a lone ranger.
"It was his election to run as he saw fit," he said.
Nyamodi said in an internal memo dated July 22 and signed by Chebukati, vice chairperson Juliana Cherera and commissioner Boya Molu were appointed as team leaders in charge of the media and call centre management team at Bomas.
He said Francis Wanderi and Irene Masit were assigned roles at the Logistics Welfare and Security team at the presidential tallying centre to oversight and provide policy direction.
Commissioner Justus Nyangaya was put in charge of dignitaries and protocol at Bomas.
Nyamodi said Abdi Guliye and the CEO Marjan Hussein were appointed to the result management team.
CJ Koome pointed out that Article 88 mandated the IEBC to supervise and conduct elections.
At the same time, judge Njoki Ndung'u also wondered what the limits were for the Chairman, who was being depicted as an all-powerful entity.
"From the narrative, we are hearing in court, there seems to be an all-powerful chair. What is the check for this chair if the commissioners have nothing to do with his role? What would happen if he was to announce the wrong results, or was mentally incapacitated, sick or dead?" she asked.
