Former Sports minister Maina Kamanda wants the court to declare him the MP for Starehe.
Although it has never happened, he will be asking the court to do so after it emerged that he won the Starehe seat in the 2007 elections.
After the votes recount ended on Friday, Mr Kamanda had 49,306 votes against Bishop Wanjiru’s 34,871, a difference of 14,435.
Although the hearing of the case is not yet over, Mr Kamanda and his supporters celebrated, saying he had proved his case.
Mr Kamanda will be asking the court to declare him the elected MP for Starehe on the strength of Section 27(2) of the National Assembly and Presidential Elections Act, which allows the Speaker to make changes should the court so declare and thus avoid a by-election.
According to him, he lost the seat after Forms 16A were falsified. He convinced the court to reopen the 204 ballot boxes and scrutinise the votes leading to Friday’s decision.