Garissa Township MP Aden Duale has termed the petition that could force Deputy President William Ruto to resign as derail tactics.
In a statement on Tuesday, Duale said the move is intended to create confusion.
"Certainly, any debate contrary to the law is intended to create confusion and is a pure waste of time," he said.
"One would wonder why any person would want to close their ears when the law is speaking and shouting, but it is obvious that this is just another unfounded derail tactic," he said.
He insisted that the President, Deputy President and MPs are exempted from the provision of the law requiring them to resign six months before the elections.
"The Constitution does not require the President, Deputy President or an MP to resign to run for the presidency or any other public office," Duale said.
"The Elections Act, 2011 further embodies the principles behind Articles 99(2)(a) and 137(3) of the Constitution in section 43(5), (5A) and (6) by simply providing that whereas a public officer is required to resign six months from the date of the election, the requirement shall not apply to a President, Deputy President, MP, Governor, Deputy Governor and MCA," he added.
Activist Okiya Omtatah on Monday moved to court seeking to compel all other state officers, including a deputy president, governors, deputy governors, MPs and ward representatives, seeking to contest for different offices to resign.
"A declaration that a sitting president, a sitting deputy president, a sitting governor, and a sitting deputy governor cannot be elected to elective positions other than the ones they hold," he said.
Omtatah said that a declaration be issued that a sitting president, a sitting deputy president, a sitting governor, and a sitting deputy governor must vacate office before they can contest for a different office.
