The contest for the Democratic Action Party–Kenya (DAP-K) ticket in the upcoming Malava by-election has taken a new turn, after one of the aspirants challenged the eligibility of his main rival.

In a letter addressed to the National Elections Board Chairman on Monday, September 15, DAP-K aspirant Caleb Burudi claimed that his main challenger, Seth Panyako, remains a serving public officer despite the legal requirement to resign before contesting.

“Our client is one of the aspirants for the Malava Parliamentary race, and has subjected himself to party nominations amongst other hopefuls. 

“It has however, come to his attention that his main challenger, one Seth Ambusini Panyako is a public officer as a Board Member at the Local Authorities Provident Fund (Lapfund) and has not resigned to date, therefore ineligible to contest for the forthcoming by-elections scheduled for 27th November, 2025,” the letter read.

As such, Burudi argued that Panyako should not be cleared to contest in any party primaries and his ticket must be rejected.

“He is also ineligible to participate in any party primaries and therefore his application for the ticket must be screened and rejected at this juncture,” the letter continued.

Burudi further pointed to official notices from the Independent Electoral and Boundaries Commission (IEBC), stressing that Panyako had disregarded mandatory timelines.

“The Independent Electoral and Boundaries Commission through Gazette Notice Number 11158 of 8th August,2025 declared the vacancy for the position of member of National Assembly for Malava Constituency and consequently gazetted the 27th November, 2025 as the due date for the by-elections. 

“Therefore, Mr. Panyako was expected to have resigned on or before 15th August,2025 being seven(7) days from the date of declaration of vacancy as per the gazette notice. However, he did not resign as mandatorily required in law and instead continued to engage in public service,” the letter added.

Burudi went on to point out recent engagements that he said proved Panyako remained active in public service long after the resignation deadline.

“As a matter of fact, he attended the Devolution Conference held in Homa Bay County between 11th August, 2025 to 15th August, 2025 as a delegate in his capacity as a Board Member for lapfund. 

“He similarly attended lapfund workshop for Board of Directors held at Naivasha between 8th September, 2025 to 12th September, 2025,” the letter further read.

In conclusion, Burudi called for the immediate disqualification of Panyako, suggesting that he would pursue legal options if the party failed to act.

This comes barely a day after the Democracy for the Citizens Party (DCP) refuted reports that its candidate for the upcoming Malava by-election, Edgar Busiega, has withdrawn from the race.

In a statement on Sunday, September 14, DCP Party Hezron Obanga dismissed the claims as false and misleading.