Petition Seeks to Block Seth Panyako From Malava By-Election

Kakamega, Kenya, Sept 15 – A petition has been lodged before the electoral authorities seeking to bar Seth Ambusini Panyako, a board member at the Local Authorities Provident Fund (LAPFUND), from contesting the Malava parliamentary by-election scheduled for November 27, 2025.

The by-election was triggered by the death of MP Malulu Injendi in February this year.

The petition, filed on behalf of fellow aspirant Caleb Burudi, argues that Panyako failed to resign from his public position within the timeframe required by law, thereby rendering him ineligible for both the party primaries and the main election.

According to the petitioner, the Independent Electoral and Boundaries Commission (IEBC) declared the Malava seat vacant through Gazette Notice No. 11158 on August 8, 2025, effectively requiring Panyako to resign by August 15 in line with constitutional provisions.

However, the petition claims Panyako continued to hold his role as a LAPFUND board member beyond that date. It cites his attendance at the Devolution Conference in Homa Bay between August 11–15 and his participation in a LAPFUND board retreat in Naivasha from September 9–12 as proof of his continued service.

“It has come to our client’s attention that his main challenger, one Seth Ambusini Panyako, is a public officer as a Board Member at LAPFUND and has not resigned to date. Therefore, he is ineligible to contest the forthcoming by-election,” reads part of the petition.

LAPFUND, established under the Local Authorities Provident Fund Act (Cap 272), is recognised as a state corporation under the County Governments Act and the Urban Areas and Cities Act. A 2021 Court of Appeal ruling affirmed that membership in such boards constitutes holding public office, meaning holders are bound by the constitutional requirement to resign at least six months before an election.

The petition adds a fresh layer of controversy to an already heated contest in Malava. Just a day earlier, former Deputy President Rigathi Gachagua’s Democracy for Citizens Party announced it was withdrawing from the race and endorsing Edgar Busiega as its flagbearer.

Other candidates in the crowded field include Caleb Sunguti of the Roots Party, Joab Manyasi of the Democratic National Alliance, and several United Democratic Alliance (UDA) aspirants—among them Ryan Injendi, son of the late MP, alongside Simon Kangwana Chimuche and David Ndakwa.

The IEBC is expected to hear the petition in the coming days, a decision that could dramatically reshape the contest in the vote-rich Kakamega constituency.