Babu Owino, MP Embakasi East. [Photo/ thehashtagsquare.co.ke]
Embakasi East Member of Parliament Babu Owino risks losing his seat for failing to comply with court orders.
This is after his opponent in the August 8 polls, Francis Mureithi, moved to court to challenge his win.
Election petition rules stipulate that 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.
Jubilee Party’s Mureithi accuses the ODM MP 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.
The case was filed against him on September 5.
Mureithi now wants the court to order that Babu has conceded to the petition, because he has not complied with court requirements.
“It is now over 12 days from the service of the petition upon Mr Owino and no steps have been taken,” said lawyer Ham Lagat who is representing Mureithi.
“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,” he added.