High Court dismisses Seth Panyako’s election petition
High Court dismisses Seth Panyako’s election petition
The Kakamega High Court has dismissed an election petition that challenged the victory of Malava Member of Parliament David Ndakwa, effectively upholding his win in the 2025 by-election.
In the ruling, delivered on Friday, May 15, the court affirmed Ndakwa’s election, which had been contested by his closest rival, Seth Panyako, who had sought to nullify the outcome of the November 27, 2025, by-election.
Panyako had moved to court to challenge the outcomes of their election over claims that it was marred with massive irregularities, thereby handing his fiercest rival an upper hand in the outcomes.
He fiercely contested the results of the mini-polls, alleging electoral malpractice in 54 polling stations despite what he described as commanding victories in 134 out of 198 stations.
He, at the time, criticised the government for allegedly instigating chaos in Malava in what he claimed was an attempt to intimidate him and his supporters into giving up on the elections.
However, presiding Judge Stephen Mbugi ruled that the petition lacked merit, thereby confirming Ndakwa’s election as the duly elected Member of Parliament for the Malava constituency.
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Following the ruling, celebrations erupted outside the law courts with Ndakwa and his supporters marching through the streets while singing victory songs.
“The will of the people of Malava has prevailed,” Ndakwa shared in a short statement following the court’s decision.
Ndakwa, who holds a Bachelor of Information Science degree from Moi University, previously served as the Leader of the Minority and as a Member of the County Assembly (MCA) in Kakamega County before resigning to vie for the Malava parliamentary seat following the passing of former MP Malulu Injendi.
The Independent Electoral and Boundaries Commission (IEBC) on November 28 last year declared him the winner of the Malava parliamentary seat after garnering 21,564 votes, defeating DAP-Kenya candidate Panyako, who received 20,210 votes.
Panyako was closely followed by Wilberforce Indai of the Kenya Moja party, who came in at third place after garnering 626 votes.
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