Mugirango West Constituency could go back to the polls following the failure by the current MP to respond to a suit seeking his removal in time.
Vincent Kemosi Mogaka responded outside the stipulated response time and as such his rival Stephen Mogaka want him dethroned as the MP.
Stephen wants Vincent’s response thrown out for failing to adhere to election petition rules.
IEBC also filed its response outside time.
“Both responses, witness statements and replying affidavits by the MP and IEBC should be expunged from court records.” he says.
Stephen, a lawyer, commenced the proceedings against his rival and IEBC by way of election petition dated 6 September 2017 and duly served personally to the MP and IEBC through advertisement.
The delay has offended the objective of the election of Parliamentary and County elections petition rules as provided for under rule 4 of the elections Act, Stephen says.
The MP was nominated by Forum for Restoration and Democracy Kenya (Ford Kenya) and got 12,800 votes while the petitioner garnered 9,909 votes from total of 76,392 registered voters.
He has questioned and contend that the principles on qualitative applied by the IEBC in determining the winner is not applicable.
He sought the court to look into malpractices committed on systems and process employed to arriving at the final results.
Justice John Makau will give his determination on October 30.
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