Embakasi East MP Babu Owino risks losing his seat because of simply failing to provide an address of service.
The newly elected legislator was dragged to court after his opponent, Jubilee’s Francis Wambugu Mureithi, challenged his election on September 5.
According to the election petition rules, a sued party is required to file and serve a notice of address of service within five days after being given copies of the case documents.
In Mr Owino’s case, Mr Mureithi accuses him of failing to provide an address of service as well as responding to the filed suit in the prescribed time frame.
He was required to respond to the case within seven days.
But as a result of the failure to comply, Mr Mureithi now wants the court to order that Mr Owino has conceded to the petition.
“It is now over 12 days from the service of the petition upon Mr Owino and no steps have been taken,” said Mr Ham Lagat who is representing Mr Mureithi.
He added: “The only inference to make in the circumstances is that Mr Owino has conceded to the petition. No known excuse is available to him for non-compliance.”
In the case documents, Mr Lagat argues that the Supreme Court has previously held that electoral disputes should be settled on time as stipulated in the constitution and the electoral laws.