A petition has been filed seeking to bar Seth Ambusini Panyako, a Board Member at the Local Authorities Provident Fund (LAPFUND), from contesting the Malava parliamentary by-election set for November 27, 2025.
The seat fell vacant following the death of former Member of Parliament Malulu Injendi in February.
The petition, lodged on behalf of fellow aspirant Caleb Burudi, argues that Panyako failed to resign from public office within the legally required timeline, making him ineligible for both party primaries and the election itself.
According to the petitioner, the Independent Electoral and Boundaries Commission (IEBC) declared the seat vacant through Gazette Notice No. 11158 on August 8, 2025, hence Panyako was expected to resign by August 15.
However, the petition claims Panyako continued to serve at LAPFUND beyond the deadline. It cites his participation at the Devolution Conference in Homa Bay between August 11–15, and a LAPFUND board workshop in Naivasha from September 9–12, as evidence 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,” the petition states.
LAPFUND, established under the Local Authorities Provident Fund Act (Cap 272), is recognised as a State Corporation under the County Governments Act and Urban Areas and Cities Act. A 2021 Court of Appeal decision affirmed that board membership in such institutions constitutes public office, restricting holders from running for elective seats unless they resign within the stipulated timelines.
The dispute adds to the growing controversies surrounding the Malava by-election.
A day earlier, former Deputy President Rigathi Gachagua’s Democracy for Citizens Party (DCP) dismissed claims it had withdrawn from the race, confirming Edgar Busiega as its candidate.
Other candidates in the race include Caleb Sunguti (Roots Party), Joab Manyasi (Democratic National Alliance), and several aspirants under the ruling UDA party, among them Ryan Injendi (son of the late MP), Simon Kangwana Chimuche, and David Ndakwa.
