A petition was raised challenging the eligibility of Seth Ambusini Panyako, a member of the LAPFUND board, to participate in the Malava parliamentary by-election that will take place on November 27.
The litigation, filed in the interest of prospective contender Caleb Burudi, argues that Panyako did not resign from public service within the legally required timeframe and is thus not allowed to take part in either party primaries or the general elections.
According to the petition, the Independent Electoral and Boundaries Commission (IEBC) had declared the Malava seat vacant on August 8 through Gazette Notice No. 11158 following the death of MP Malulu Injendi in February.
According to the schedule, candidates for public office were required to resign by August 15.
Burudi, however, states that Panyako did not respect legal provision and was still at LAPFUND.
The petition cites his presence at the Devolution Conference in Homa Bay from August 11 to 15, and his participation in a LAPFUND board workshop in Naivasha from September 9 to 12, as proof that he was in active service.
“It has been brought to our client’s attention that his arch-rival, Seth Ambusini Panyako, has not resigned from his position in LAPFUND and is therefore not eligible to contest the Malava seat,” the petition reads. “We urge your office to suspend him from participating in the DAP-K nominations.”
The question is whether the office of Panyako is public office. LAPFUND, as created under Cap 272 of the Local Authorities Provident Fund Act, is a State Corporation. In 2021, the Court of Appeal held that parastatal positions represent public service a ruling which the petitioner argues is directly applicable to this matter.
The petition adds another twist to what is shaping up to be a bitter fight in Malava. Just yesterday, the Democracy for Citizens Party (DCP) played down news that it had pulled out of the race, affirming that its candidate, Edgar Busiega, is indeed in the race.
Others in the running include Roots Party’s Caleb Sunguti and Democratic National Alliance’s (DNA) Joab Manyasi.
Ruling UDA will also conduct primaries, with Ryan Injendi, son of the deceased MP, among the contenders, in addition to Simon Kangwana Chimuche and David Ndakwa.
As the November poll draws near, court cases and shifting party strategies are already sowing the seeds for an intensely fought by-election.
