A fresh legal dispute has emerged over the eligibility of Seth Ambusini Panyako to contest the upcoming Malava parliamentary by-election scheduled for November 27, 2025. Panyako, a Board Member of the Local Authorities Provident Fund (LAPFUND) and a prominent Democratic Action Party of Kenya (DAP-K) candidate, is accused of failing to resign from public office within the legally required timeframe, a breach that could disqualify him from the race.
The petition, filed by rival aspirant Caleb Burudi, argues that Panyako violated Section 43(5A) of the Elections Act, which mandates that public officers vying in a by-election must resign within seven days of the declaration of a vacancy.
The Independent Electoral and Boundaries Commission (IEBC) gazetted the Malava seat vacancy on August 8, 2025, meaning Panyako was expected to vacate his LAPFUND board position by August 15. Burudi alleges that Panyako continued to serve beyond that deadline, participating in official events such as the Devolution Conference in Homa Bay (August 11–15) and a LAPFUND workshop in Naivasha (September 8–12).
According to Burudi’s petition and a letter by Okubasu & Munene Advocates addressed to DAP-K, these activities demonstrate that Panyako was actively performing public duties well after the legal deadline, rendering him ineligible to participate in party nominations or the by-election itself.
The petition calls for the production of key evidence, including Panyako’s resignation letter and LAPFUND’s acknowledgment of it, as well as attendance sheets, board minutes, and financial records from the cited events to establish whether Panyako remained engaged as a board member.
Burudi has further urged DAP-K to disqualify Panyako and copied the letter to the Ethics and Anti-Corruption Commission (EACC), the Directorate of Criminal Investigations (DCI), and the Registrar of Political Parties, pressing for swift enforcement of electoral law.
The controversy has intensified competition for the Malava seat, which is seen as a significant political battleground in Kakamega County.
Panyako, who has not publicly addressed the details of the petition, has continued campaigning in Malava, insisting that he commands strong grassroots support and framing the by-election as a chance for voters to correct past injustices.
