IEBC Gives Green Light to Key Candidates

The Independent Electoral and Boundaries Commission (IEBC) on Wednesday, October 8, 2025, officially cleared Boyd Were of the Orange Democratic Movement (ODM) and Seth Panyako of the Democratic Action Party-Kenya (DAP-K) to vie in the November 27 by-elections. Were will contest for the Kasipul parliamentary seat, while Panyako is set to run for the Malava constituency seat.

Boyd Were, son of the late Kasipul MP Charles Were, secured the ODM party ticket after winning the party primaries held on Wednesday, September 24, 2025. His clearance by the IEBC Returning Officer in Homa Bay County was accompanied by a show of political strength from ODM leaders, including Deputy Party Leader Abdulswamad Sheriff Nassir and National Chairperson Gladys Wanga.

Seth Panyako, the Secretary General of the Kenya National Union of Nurses (KNUN), received a direct ticket from DAP-K for the Malava seat. His clearance, however, comes amidst a petition challenging his eligibility.

Context of the By-Elections

The Kasipul parliamentary seat became vacant following the assassination of the incumbent MP Charles Ong'ondo Were on April 30, 2025. The Malava seat fell vacant after the passing of Moses Malulu Injendi on February 17, 2025, after a short illness.

The IEBC announced on August 9, 2025, that all by-elections, including those for the Kasipul and Malava parliamentary seats, would be conducted on November 27, 2025. The official campaign period for these by-elections commenced on October 8, 2025, and is scheduled to conclude on November 24, 2025, 48 hours before election day.

Legal Challenges and Governance Concerns

Seth Panyako's candidacy for the Malava seat faces a legal challenge. A petition filed on behalf of fellow aspirant Caleb Burudi argues that Panyako failed to resign from his position as a Board Member of the Local Authorities Provident Fund (LAPFUND) within the legally required timeline. According to the petition, the IEBC declared the Malava seat vacant on August 8, 2025, meaning Panyako should have resigned by August 15, 2025. The petitioner claims Panyako continued serving as a LAPFUND Board Member, even attending a national conference in August and a workshop in September.

The Elections Observation Group (ELOG) has also raised data privacy concerns regarding the IEBC's introduction of iris scans in voter registration for the by-elections. ELOG emphasized that a lack of transparent communication on data handling could undermine public confidence in the electoral process.

Stakeholder Perspectives

ODM leaders have rallied behind Boyd Were, viewing his clearance as an opportunity to reassert the party's dominance in the Nyanza region. Homa Bay Governor Gladys Wanga, also the ODM National Chairperson, congratulated Were on his primary victory and urged party unity. In Malava, DAP-K leaders, including party leader Eugene Wamalwa and Kakamega Senator Boni Khalwale, celebrated Panyako's clearance, with Wamalwa describing the by-election as a significant test of political strength ahead of the 2027 general election.

Evidence and Data

• **By-Election Date:** November 27, 2025
• **Campaign Period:** October 8, 2025, to November 24, 2025 (7:00 AM to 6:00 PM daily)
• **Vacant Seats:** 24 electoral areas, including six National Assembly seats, one Senate seat, and 16 MCA positions.
• **Kasipul Primaries (ODM):** Boyd Were garnered 18,210 votes, Newton Ogada 3,037 votes, and Daniel Okindo Majiwa 621 votes (Source: ODM National Elections Board, September 24, 2025).

Unanswered Questions and Controversies

The outcome of the petition challenging Seth Panyako's eligibility remains a key uncertainty. Should the court rule against him, it could significantly alter the Malava by-election landscape. Additionally, the broader implications of the IEBC's use of iris scans for voter registration, particularly concerning data privacy, are yet to be fully addressed.

What to Watch

All eyes will be on the courts for a decision on Seth Panyako's eligibility. The campaigns in both Kasipul and Malava constituencies are expected to intensify as candidates seek to win over voters ahead of the November 27 polling date. The by-elections will also serve as an early indicator of political realignments and party strengths leading up to the 2027 general elections.