The political future of DAP-Kenya aspirant Seth Panyako remains uncertain after a legal dispute emerged over his eligibility to contest for the vacant Malava MP seat.

 Panyako is said to have not resigned as a board member of the Local Authorities Provident Fund (LAPFUND), to enable him contest in the upcoming Malava constituency by-election scheduled for November 27.

 The controversy stems from allegations that the outspoken Panyako failed to comply with mandatory election laws requiring public officers to resign from their positions before vying for political office. ​

In reference to a signed letter addressed to the DAP-K and copied to IEBC by Okubasu & Munene advocates, Panyako did not resign from his position at LAPFUND within the legally stipulated timeframe. ​

According to the elections act section 43(5A) 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 Panyako was required to resign by August 15, 2025. ​

Instead, Panyako has continued to serve as a board member at LAPFUND, attending official events including the recent devolution conference in Homabay (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 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 who has now paid his fee Ksh250,000 to become the DAP-Kenya aspirant for the Malava parliamentary seat have called on DAP-K to disqualify 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.

The case in question highlights the importance of adherence to election laws and raises questions about accountability among public officers seeking political office. ​

As the November by-elections draws closer, the spotlight remains IEBC to ensure compliance with legal requirements and maintain the integrity of the electoral process. ​