Seth Panyako is staring at an early exit from the Malava parliamentary race after his own party, Democratic Action Party of Kenya (DAP-K) found out he is not eligible to vie for the position.

In a damning revelation by top party officials and founding members, Panyako is still in active public service.

The party leader, Eugene Wamalwa, who has been pushing for Panyako, has been left embarrassed as a distinguished lawyer for failing to advice Panyako over this issue.

According to a petition filed by senior party member and Malava MP hopeful Caleb Burudi, Panyako deliberately lied and fraudulently manipulated the party in supporting his bid.

As at September 15, Panyako was still listed on the fund’s website as a board member and just recently, he had attended two different high-level events in his capacity as a board member.

As a legal requirement, Panyako should have resigned seven days after the IEBC announced a vacancy in the Malava parliamentary seat.

“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,” says a formal complaint filed by Okubasu & Munene Advocates.

“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,” states the complaint to the party and to the IEBC.

The petitioners have revealed that Panyako continued to serve as a Board Member at LAPFUND as he attended official events such as the Devolution Conference in Homabay (August 11–15, 2025) and a LAPFUND workshop in Naivasha (September 8–12, 2025). ​

This, is a clear indication that Panyako active in public service, rendering him ineligible to participate in party nominations or contest for the parliamentary seat.

According to Burudi’s lawyers, in a petition to the party, Panyako did not resign from his position at LAPFUND within the legally stipulated timeframe. ​

They argue that 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. ​