A fresh legal challenge has been filed seeking to block Seth Ambusini Panyako from contesting the upcoming Malava parliamentary by-election.

The petition, lodged by fellow aspirant Caleb Burudi, claims Panyako failed to comply with constitutional requirements for public officers who intend to vie for elective positions.

Allegations Against Panyako

According to the petitioner, Panyako remained a board member of the Local Authorities Provident Fund (LAPFUND) past the required resignation date.

The law demands that public officers vacate their positions within seven days of the declaration of the vacancy to avoid conflicts of interest.

Burudi argues that Panyako continued to serve on the board after the deadline and even took part in official LAPFUND events, which he says amounts to active participation in public duties.

The IEBC gazetted the Malava by-election on 8 August 2025, officially declaring the seat vacant and setting timelines for nominations.

Caleb Burudi claims Panyako should have resigned by 15 August 2025, but instead, he allegedly attended the LAPFUND Devolution Conference from 11 to 15 August.

Further, Burudi points to a LAPFUND board workshop in Naivasha held between 9 and 12 September, alleging that Panyako was present and actively involved.

The Malava seat has attracted intense competition as several major parties are fielding candidates, making it a crucial contest in Kakamega politics.

Evidence at the Center of the Case

The single most critical document will be Panyako’s resignation letter and LAPFUND’s official acknowledgment of it.

The court will want to see:

• Date of submission of resignation letter.
• Date of acceptance by LAPFUND’s board or corporate secretary.
• Whether the resignation was effective before 15 August 2025.

If the letter was submitted before the deadline, Panyako remains eligible, but if submitted after the deadline, it confirms a violation of the Elections Act.

At present, no such document has been made public, and its absence strengthens Caleb Burudi’s case until proven otherwise.

Caleb cites two key events:

• 11–15 August: LAPFUND’s presence at the Devolution Conference, where Panyako allegedly attended in an official capacity.
• 9–12 September: A LAPFUND board workshop in Naivasha, where Panyako was reportedly present.

The court will need attendance sheets from these events, official LAPFUND board minutes confirming participants and roles, as well as travel records, allowances, or per diems that indicate official participation.The 

IEBC nomination document will also be key evidence in Panyako’s case.

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Panyako’s nomination papers, as received by IEBC, will show the date and time of submission and supporting documentation, including the declaration that he was not a public officer at the time of nomination.

If the nomination papers include a declaration of resignation, but later evidence proves otherwise, it strengthens claims of misrepresentation.

This will also provide a paper trail linking the timeline of resignation to the electoral process.

What Next

Caleb Burudi has offered to go strongly on with the case and has promised to produce witnesses, including LAPFUND staff who were present at the cited events.

He has also pointed out that he will present in court conference organizers or board members who can confirm Panyako’s role.

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Each witness will submit sworn affidavits, and these will be cross-examined in court.

Past court decisions will guide how judges interpret this case, including:

• Six-month rule for general elections under Section 43(5).
• Seven-day rule for by-elections under Section 43(5A).
• Previous rulings have disqualified public officers for failing to resign in a timely manner.

While Panyako has not publicly addressed the petition in detail, he has continued campaigning in Malava.

He insists he has strong grassroots support and claims earlier electoral defeats were due to irregularities rather than a lack of popularity.

His team has framed the by-election as a chance for voters to correct past injustices.

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