A legal dispute has emerged over the eligibility of Seth Ambusini Panyako, a Board Member of the Local Authorities Provident Fund (LAPFUND), to contest in the upcoming Malava Constituency by-elections scheduled for November 27, 2025.
The controversy stems from allegations that Mr. Panyako failed to comply with mandatory election laws requiring public officers to resign from their positions before vying for political office.
According to a letter addressed to the Democratic Action Party of Kenya (DAP-K) by Okubasu & Munene Advocates, Mr. Panyako did not resign from his position at LAPFUND within the legally stipulated timeframe.
Section 43(5A) of the Elections Act mandates that public officers intending to contest in by-elections must resign within seven days of the declaration of a vacancy.
The Independent Electoral and Boundaries Commission (IEBC) declared the vacancy for Malava Constituency on August 8, 2025, meaning Mr. Panyako was required to resign by August 15, 2025.
Instead, Mr. Panyako continued to serve as a Board Member at LAPFUND, attending official events such as the Devolution Conference in Homa Bay (August 11–15, 2025) and a LAPFUND workshop in Naivasha (September 8–12, 2025).
These actions, according to the advocates, demonstrate his continued engagement in public service, rendering him ineligible to participate in party nominations or contest for the parliamentary seat.
LAPFUND, a state corporation established under the Local Authorities Provident Fund Act, operates under the oversight of the Cabinet Secretary for the National Treasury and Economic Planning.
While a Court of Appeal ruling in 2021 clarified that state corporations are not part of the public service, the advocates argue that Mr. Panyako’s role as a Board Member qualifies him as a public officer under the Elections Act.
The advocates, acting on behalf of their client Caleb Burudi—another aspirant for the Malava parliamentary seat—have called on DAP-K to disqualify Mr. Panyako from participating in party nominations.
They have also copied the letter to key government agencies, including the Ethics and Anti-Corruption Commission (EACC), the Directorate of Criminal Investigations (DCI), and the Registrar of Political Parties, urging swift action to uphold the law.
This case highlights the importance of adherence to election laws and raises questions about accountability among public officers seeking political office.
As the November by-elections approach, the spotlight remains on DAP-K and the IEBC to ensure compliance with legal requirements and maintain the integrity of the electoral process.
