The vocal legislator failed to respond to a petition on time
Embakasi East Member of Parliament Babu Owino’s risks losing his seat after he failed to respond to a petition within the stipulated time.
His political rival, Francis Wambugu Mureithi, filed the case in court challenging Owino who won in the August 8 elections on an ODM ticket.
The petitioner named Owino, Nicholas Buttuk who was the returning officer and the Independent Electoral and Boundaries Commission as first, second and third respondents respectively.
Mureithi who vied on a Jubilee Party ticket filed his papers on September 7, 2017 at the High Court and served Owino through a newspaper notice.
For Owino’s response to be considered legal, he is supposed to respond to the suit within seven days but he failed to do so.
The deadline lapsed on Friday, September 15 and the court doesn’t have any option but to nullify the election and order a by-election.
The former student leader was also been ordered to bear the cost of the suit. If one does not respond to an election petition within the set time, he is deemed to be in agreement with the petitioner and therefore loses the case automatically.
Zipo.co.ke has seen a Facebook post in which Babu Owino says he filed his response on time but a closer look at the documents he shared show that he actually filed his response on September 20, 2017 which is way outside the 7 days allowed by the law.
The IEBC also failed to respond to the suit in time which means Owino’s challenger has won the first round of the suit and the court could rule in the petitioner’s favour.