The High Court in Kakamega has dealt a significant blow to Seth Panyako, after upholding the election of Malava MP David Ndakwa in a petition challenging last year’s by-election.
In a ruling delivered on Friday, the court dismissed the petition that sought to nullify Ndakwa’s victory in the hotly contested November 27, 2025 poll, effectively affirming him as the duly elected Member of Parliament for Malava Constituency.
The decision brings to a close months of legal battles that had cast a shadow over one of the most closely watched by-elections in Western Kenya.
A section of leaders, including DAP-K party leader Eugene Wamalwa and Kakamega Senator Boni Khalwale, were present at the Kakamega High Court during the delivery of the ruling, underscoring the political weight the case had attracted.
The petition had been anchored on a series of serious allegations, including claims of voter bribery, election-related violence, and interference by public officials during the campaigns.
Petitioners argued that the alleged irregularities compromised the integrity of the election and rendered the outcome invalid.
During the hearing, the court was told that incidents of violence and intimidation created fear among voters, with some witnesses claiming they were unable to access polling stations.
There were also claims that relief food was distributed to influence voters, alongside accusations of unlawful involvement of state officers in the campaigns.
However, the defence maintained that the claims were unsubstantiated and failed to directly link Ndakwa to the alleged irregularities, insisting the election was conducted in accordance with the law.
By upholding the results, the court has now handed Ndakwa a major legal and political victory, solidifying his position in a constituency that had turned into a battleground between the ruling party and the opposition.
The Malava by-election itself had drawn national attention following the death of area MP Moses Malulu Injendi, with the contest quickly evolving into a high-stakes political showdown between rival camps ahead of the 2027 elections.
Ndakwa, backed by the United Democratic Alliance (UDA), narrowly edged out Panyako of DAP-K, making the outcome one of the tightest races in recent by-elections — a factor that ultimately triggered the court challenge.
With the petition now dismissed, attention is likely to shift back to political realignments in the region as both sides regroup ahead of future contests.