Former Westlands MP Fred Gumo's son now wants current MP Tim Wanyonyi denied the ODM ticket for the area parliamentary seat.
This comes barely a week after ODM leader Raila Odinga announced that Wanyonyi has bolted out of the Nairobi Governor race in favour of Polycarp Igathe and will now focus on retaining his seat.
Wanyonyi is however yet to publicly announce that he will be going for the seat.
Michael Magero Gumo, however, wants the MP denied the ODM ticket arguing that he won the ODM primaries held on Friday.
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In an appeal filed in court by his lawyer Duncan Okatch, Magero says he emerged the winner of the primaries after garnering 1661 votes against his closest competitor former Nairobi City clerk Philip Kisia who got 627 votes.
"I spend a lot of resources and time to marshal support for my bid. The results were publicly announced, giving me and my supporters legitimate expectation that I would be issued with the certificate," he argued.
He now wants the courts to compel the ODM board to grant him the certificate as the duly nominate ODM candidate after having won the primaries.
He also wants the party compelled to include his name as its nominee for the member of the National Assembly for the Westlands constituency.
"It is imperative to note that Wanyonyi was not a candidate or aspirant for the Member of National Assembly position, having failed to apply for the same by the party's constitution," he argued.
Magero is a US-trained accountant by profession.
His father represented the Westlands constituency for years before he was replaced by Tim Wanyonyi.
Magero is seeking to take the seat from Wanyonyi who had earlier declared a governor seat bid for Nairobi.
The candidate the ODM party will hand the ticket to will face off with lawyer Nelson Havi of the UDA party.