Taveta MP Naomi Shaban has filed an application seeking dismissal of a case petitioning her victory in the August poll.
Through her lawyer Noah Nyakundi, she argued that the petitioner did not sign copies of the petition served to the respondents.
Voi High Court judge Jacqueline Kamau, during the hearing of the application on Monday, said the matter will be ruled on November 16.
Nyakundi told the court that the Morris Mutiso of ANC violated the law by serving unsigned copies of the petition.
"I request this court to struck out the case against my client because the petitioner has failed to observe basic regulations."
"This is contrary to Section 7(3) (a) of the Elections (Parliamentary and County elections) Rules, 2017," Nyakundi said.
In a separate application, Shaban and IEBC have asked the court to dismiss the case citing petitioner's failure to deposit security for the payment of costs.
"The petitioner has failed to deposit security for the payment of costs that may become payable by the petitioner within 10 days after the presentation of this petition."
The petitioner wants Shaban's election as Taveta MP annulled on grounds of irregularities and illegalities.
He has named Shaban, Taveta returning officer Abdul Swaleh, and IEBC as the respondents.
Mutiso narrowly missed the seat after emerging second with 11,135 votes against Shaban's 11,322.
And in the defence, the petitioner through lawyer Onesmus Mwinzi said the money will be deposited any time as the court shall direct.
Mwinzi said failure to deposit the security can't render the case fatal.
He cited a ruling by Justice Weldon Korir in a case between Kilifi governor Amason Kingi and Kazungu Kambi at Malindi High court.
Mutiso accused the IEBC and Taveta returning officer for failing to secure the electoral process thereby allowing Dr Shabaan's agent to interfere with the final results.
He also cited open voter bribery in several polling stations namely Jipe primary, Rekeke primary, Mata primary, Kimala primary, Joro primary schools among others.
He further accuses Shaban of using chiefs and other officers of provincial administration to campaign for her.
Dr Shaban made history as the longest serving female legislator in the country after being re-elected for her fourth consecutive term.
She was first elected to parliament in 2002.