Embakasi East Member of Parliament Paul Ongili alias Babu Owino could lose his seat on Wednesday, October, 18 if the High Court finds that he did not file his response to Mr Francis Mureithi's petition on time.
Mr Mureithi had filed an application requesting the court to dismiss the MP's response on grounds that it was filed 5 days late.
If the Court indeed finds that Mr Owino's reply was filed late, Babu could lose his seat and a new election called for in the constituency.
In the petition, Mr Mureithi, through his lawyer Ham Lagat, accused the former Student Leader 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.
[caption caption="File image of Francis Mureithi Babu Owino's challenger"]
[/caption]
Owino had been given seven days to respond to the petition, however, after 12 days Babu 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.
The petitioner, further submitted that the Court should rule in his favour since Babu's silence could only 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," Mr Lagat stated.
The Embakasi East Mp's lawyers Edwin Sifuna and Jackson Awele, however, submitted that they filed their response late because they did not see the service done through the newspapers.
"It is our submission that the late filing can't prejudice the petition as our action is reasonable and has a strong basis," the lawyers stated.
[caption caption="File image of Embakasi East MP Babu Owino and his lawyer Edwin Sifuna"]
[/caption]
Embakasi East Returning Officer Nicholas Butuk and the Independent Electoral and Boundaries Commission have also been sued in the petition.
