Embakasi East MP Babu Owino has opposed an application for the scrutiny and recount of votes cast in the August 8, 2017 election.
Through his lawyer Jackson Awele, he told justice Joseph Sergon that the application by his rival Francis Mureithi was "frivolous".
"The court should not grant orders for a frivolous application which has no proof of issues raised. This application does not meet the threshold set in election rules," Awele said on Monday.
He added that the court should not be subjected to the
"laborious" scrutiny process for the petitioner to have an easier time "patching up his case".
The lawyer further said:
"The lack of stamps in forms 35A could not have affected the outcome ...
I urge this court to find that the prayer for scrutiny has no basis."
Awele claimed Mureithi's agents refused to discharge their duties on election day and to participate in recounts.
"His agents testified before this court that they were asleep during the counting of votes.
There is no basis for scrutiny merely because his agents failed to undertake their mandate."
He also said some admitted they were lying as they were not at their designated polling stations.
Mureithi, who vied on a Jubilee Party ticket, wants an audit of the entire process. Through his lawyer Ham Lagat, he argues scrutiny is important as his agents were nor allowed into voting halls.
A ruling will be made on February 5.
Babu went to Milimani Law Court accompanies by Suna East MP Junet Mohamed and NASA boss Raila Odinga.
NASA principals Kalonzo (Wiper) and Musalia Mudavadi (ANC), Makueni governor Kivutha Kibwana and Rarieda MP Otiende Amollo went to the Machakos High Court
They attended the presentation of final submissions in the case by Machakos governor aspirant Wavinya Ndeti against incumbent Alfred Mutua.
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