Embakasi East Member of Parliament Babu Owino may lose his parliamentary seat following a failure to comply with court requirements.
Mr Owino failed to furnish the court with details of an address where court papers could be delivered to him.
This was in relation to an election petition filed by Jubilee party aspirant Francis Mureithi who moved to court to challenge Babu's win in the August 8 elections.
Mr Mureithi, through his lawyer Ham Lagat, has now accused the first time legislator of failing to provide an address of service as well as failing to respond to the filed suit within the timelines allowed by the court.
Owino had been given seven days to respond to the petition, however, after 12 days the former University of Nairobi students' leader had not issued his response.
"It's now over 12 days from the service of the petition upon Mr Owino and no steps have been taken," Mureithi's lawyer stated in a new request before the courts.
In accordance with the rules set by the Supreme Court, election petitions should be settled promptly within the provisions of the Constitution.
The rules stipulate that after the petition is filed, the respondent should be served within seven days.
Thereafter, the respondent should file a response before 14 days pass and hearings should commence at least a week after the respondent has filed his responding argument.
Lawyer Lagat now argues that the court should rule in favour of the petitioner as Owino's silence can be interpreted as consent.
"The only inference to make in the circumstances is that Mr Owino has conceded to the petition. No excuse is available to him for non-compliance," the lawyer stated.
