The Malava constituency by-election has entered stormy waters after the Democratic Action Party of Kenya (DAP-K) candidate Seth Panyako faced a legal challenge that could force him out of the race.
Lawyer Challenges Seth Panyako’s Eligibility
According to a letter shared by lawyers representing fellow candidate Burudi, Panyako allegedly violated the Constitution by failing to resign from his government post before seeking elective office. Panyako currently serves as a board member of the Local Authorities Provident Fund (LAPF), a state agency.
Lawyer Munene, acting for Mr. Caleb Burudi, argued that Article 77 of the Constitution and relevant electoral laws prohibit public officers from contesting elections unless they first resign from government positions.
“Our client believes Mr. Panyako’s candidacy is unconstitutional. He should be disqualified from the Malava by-election,” the letter stated.
Possible Disqualification Could Shift Political Landscape
If the Independent Electoral and Boundaries Commission (IEBC) upholds the objection, Panyako’s exit would significantly alter the race. Analysts note that Panyako was the only serious challenger to Edgar Busiega of the Democracy for the Citizens Party (DCP).
Recent polls suggest Busiega could now secure up to 82 percent of the vote in Malava constituency if Panyako is struck off the ballot.
Edgar Busiega Gains Momentum
Busiega, a respected lawyer, has been on a vigorous campaign trail in Malava. His promises include youth empowerment, agricultural support, and improved education facilities. Backed by former Kakamega Senator Cleophas Malalah, Busiega has seen growing crowds and rising popularity.
“Malava has found its leader. Edgar Busiega has a super manifesto that addresses the needs of the people,” Malalah declared at a weekend rally.
Pressure on Eugene Wamalwa to Back Busiega
Attention has now shifted to Eugene Wamalwa, DAP-K party leader and former Defence Cabinet Secretary. With Panyako’s candidacy facing disqualification, Wamalwa is under pressure to rally behind Busiega.
Political observers believe that supporting Deputy President Rigathi Gachagua’s preferred candidate would demonstrate Wamalwa’s willingness to make sacrifices for the broader opposition team.
Uncertain Road Ahead
The Malava by-election, initially expected to be a fierce contest between Panyako and Busiega, has now been thrown into uncertainty. The IEBC will ultimately decide whether Seth Panyako remains on the ballot.
For now, the spotlight remains on Malava constituency, where residents are closely watching developments that could determine who represents them in Parliament
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