Embakasi East MP, Paul Ongili alias Babu Owino could lose his seat on October 18, should the High Court rule in favour of his opponent, Jubilee’s Francis Mureithi.
The Jubilee candidate asked the court to nullify Babu’s win saying that he responded to the petition five days late.
Mureithi through his lawyer, Ham Lagat said Owino’s late response was his way of consenting to the petition.
Should the court rule in favour of Mureithi, a by-election will be called for the said constituency.
The newly elected legislator had seven days to respond to the petition but only responded 12 days later. His lawyers, Edwin Sifuna and Jackson Awele said the response came late as they were served through the newspapers and did not see it till later.
”It is our submission that the late filing can’t prejudice the petition as our action is reasonable and has a strong basis,” Owino’s lawyers said.
Also sued are Embakasi East Returning Officer, Nicholas Butuk and the IEBC.
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