Babu Owino could lose his seat if the Court will consider the new revelations.
A High Court sitting in Nairobi presided over by Justice Joseph Sergon was told that the Orange Democratic Party lawmaker threatened voters on August 8 and engaged in verbal altercation with the Independent Electoral and Boundaries Commission official.
He allegedly demanded that the IEBC’s Returning Officer in the constituency declare him the winner of the August 8 polls even before the tallying and verification was properly done.
"Babu obviously committed an election offence by declaring himself the winner. He intimidated the returning officer through death threats," Jubilee’s Francis Mureithi who challenged Babu Owino’s victory told the Milimani court.
He added: "Mimi nimeshinda Mureithi na lazima nitangazwe mshindi ama nitaua mtu hapa (I have defeated Mureithi and must be declared winner or else I will kill someone).”
Mr Mureithi, who got 39,805 votes against Owino's 43,862, pleaded with the court to annul the August 8 polls, arguing that the intimidations that Babu adduced to his supporters violated their absolute rights to vote.
Babu Owino supporters, the petitioner argued, attacked Joseph Obiende, a candidate of the Musalia Mudavadi led Amani National Congress at Lower Savannah Soweto Social hall.
Among other election offences, Babu was allegedly caught bribing voters to change their mind at the last minute, a move which Mr Mureithi quipped that caused the voter difference of less than 4,000.
"Babu was caught on camera bribing voters at Greenspan polling station. The video is in court as evidence," Mureithi told the court in his submission.