The Independent Electoral and Boundaries Commission (IEBC) has suspended the Migwani Ward by-election in Mwingi West, Kitui County, following a High Court order challenging the declaration of the seat as vacant.
In a public notice issued on Tuesday, October 27, 2026, the commission said the suspension followed interim conservatory orders issued by the High Court on October 22. The petition is scheduled for hearing on November 11.
The development puts the November 17 by-election on hold as the court examines whether the process leading to the declaration of the vacancy complied with the Constitution.
The petition was filed by Francis Musili Kauta, who challenged the circumstances under which the Migwani Ward seat became vacant following the appointment of former area MCA Harrison Maluki Mawia as Clerk of the Kitui County Assembly.
Mawia was sworn in as the assembly clerk on August 6, 2026, after which the ward seat was declared vacant, prompting the IEBC to schedule a by-election.
Kauta questioned the process surrounding Mawia’s appointment, including whether he met the statutory requirements for the position. He also raised concerns about a possible conflict of interest linked to Mawia’s previous role as the assembly’s Majority Leader.
However, the court did not determine the merits of the allegations concerning Mawia’s recruitment. Justice S.N. Riechi ruled that disputes over recruitment and appointment fall under the jurisdiction of the Employment and Labour Relations Court.
The High Court will instead consider whether the declaration of the Migwani Ward seat as vacant and the related electoral notices issued by the IEBC complied with the Constitution.
The suspension came just days after the commission began clearing candidates for the mini-poll. Six candidates were reportedly cleared to contest the seat before the court halted the electoral process.
The November 11 hearing is expected to determine the next steps in the case, with the future of the planned by-election depending on the court’s directions.
The Migwani Ward seat fell vacant after Mawia left his elected position to take up the assembly clerk’s post. The IEBC had scheduled the by-election to fill the position for the remainder of the current county assembly term. <Cite refs={[“turn289120search8″,”turn289120search2”]}/>
