Seth Panyako Loses Malava MP Petition as Court Upholds David Ndakwa’s Victory, Havi Signals Appeal

Former Law Society of Kenya President Nelson Havi has strongly criticized a court ruling at the Kakamega Law Courts after the dismissal of an election petition filed by Seth Panyako challenging the election of David Ndakwa as Member of Parliament for Malava Constituency.

The ruling, delivered on Friday, upheld Ndakwa’s win, effectively ending Panyako’s attempt to overturn the election results.

Panyako, who contested the seat under the DAP-K party, had petitioned the court seeking to nullify Ndakwa’s election, arguing irregularities in the electoral process.

Following the verdict, Havi, who represented Panyako, expressed dissatisfaction with the court’s decision, saying they strongly disagreed with the outcome and the reasoning behind it.

He indicated that the legal team was considering moving to the Court of Appeal to challenge the ruling.

“We are not satisfied with this decision and we are evaluating the next legal steps, including an appeal,” Havi said while addressing the media outside the Kakamega Law Courts.

Also present during the press briefing was Kakamega Senator Bonny Khalwale, who accompanied Panyako to court in solidarity.

Panyako, who appeared alongside his legal team, also voiced disappointment with the ruling but maintained that he would respect the judicial process while exploring further legal options.

The court decision now affirms Ndakwa’s position as the duly elected MP for Malava Constituency, bringing closure—at least temporarily—to the contested parliamentary race.

However, with indications of a possible appeal, the political contest over the seat may continue at the appellate level in the coming weeks.