The Kakamega High Court has rejected a petition contesting the election victory of Malava Member of Parliament David Ndakwa, thereby affirming his success in the 2025 by-election.
During the judgment on Friday, May 15, the court validated Ndakwa’s election, which had been disputed by his main competitor, Seth Panyako, who attempted to overturn the results of the November 27, 2025, by-election.
Panyako had filed a legal challenge against the election results, asserting that the process was significantly compromised by irregularities that allegedly favored his most formidable opponent.
He vigorously disputed the outcome of the special election, citing electoral misconduct in 54 polling stations despite claiming to have won decisively in 134 of the 198 polling stations.
At that time, he criticized what he alleged was an effort to intimidate him and his supporters into abandoning their electoral ambitions.
However, presiding Judge Stephen Mbugi determined that the petition had no legal standing, thereby confirming Ndakwa’s position as the legitimately elected Member of Parliament for the Malava constituency.
After the judgment, celebrations broke out near the courthouse as Ndakwa and his supporters marched through the streets while singing songs of triumph.
“The will of the people of Malava has prevailed,” Ndakwa stated in a brief comment following the court’s decision.
Ndakwa, who possesses a Bachelor of Information Science degree from Moi University, had previously served as the Leader of the Minority and as a Member of the County Assembly (MCA) in Kakamega County before resigning to contest for the Malava parliamentary seat following the death of former MP Malulu Injendi.
The Independent Electoral and Boundaries Commission (IEBC) on November 28 of last year declared him the winner of the Malava parliamentary seat after obtaining 21,564 votes, while his main rival received 20,210 votes.
Panyako was followed closely by Wilberforce Indai of the Kenya Moja party, who secured third place after receiving 626 votes.
The by-elections conducted across 198 polling stations recorded a 46 percent voter turnout with 43,675 ballots cast out of 94,417 registered voters.
During the electoral process, just before the IEBC announced Ndakwa as the winner, the opposition team led by DCP Deputy Leader Cleophas Malala requested a vote recount in multiple polling stations in the fiercely contested election.