Court declines to strike out Babu Owino’s response for responding out of time


High Court has declined to strike out the response of Embakasi East MP Paul Ongili alias Babu Owino for filing it out of time.

Justice Joseph Sergon ruled that he was convinced that the respondent had given sufficient reasons as to why they did not respond as per the rule.
The judge added that due to the issues raised in the petition, if the orders are granted then Babu would then it would not be in the public interest and he would not be given a fair hearing.
The MP had told the court that he failed to respond in time because he did not see the newspaper advertisement of the petition.
“The delay has been properly explained, I have no reason to disbelief the respondents that they did not see the advert,” ruled justice Sergon.
In the petition filed by Babu’s opponent Francis Mureithi, he filed the notice of motion arguing that Owino and two other respondents have failed to respond within seven days of service contrary to the law.
“The respondents have refused, neglected and failed to file their notices of address of service and response to the petition within the prescribed time in law,” argued Mureithi.
Mureithi wanted the court to order the petition conceded.