Seth Panyako, the runner-up in Malava's fiercely contested parliamentary by-election, has vowed to hold his own swearing-in ceremony, directly challenging the official victory of UDA’s David Ndakwa.

The move signals a deepening political crisis in the Kakamega County constituency following a bruising mini-poll marred by accusations of violence and state-sponsored interference. Panyako, running on a Democratic Action Party of Kenya (DAP-K) ticket, insists he is the legitimate winner, claiming the will of the people was subverted through systematic manipulation.

The Independent Electoral and Boundaries Commission (IEBC) declared David Ndakwa the winner on November 28, 2025, after he garnered 21,564 votes against Panyako's 20,210—a narrow margin of just 1,354 votes. The by-election, which saw a 46.2% voter turnout, was necessitated by the death of former MP Moses Malulu Injendi.

A Campaign of Chaos

Panyako’s extraordinary declaration follows a campaign period he described as “warfare.” He alleges that his family and campaign team were attacked by “well-coordinated, state-sponsored” assailants and that his agents were harassed and ejected from polling stations. “I have witnessed what Raila Odinga went through,” Panyako noted, referencing the opposition leader's own contentious electoral history. He further claimed that despite spending approximately KES 50 million on his campaign, he was fighting against the entire government machinery.

Rejecting the official tally, Panyako alleged that results from numerous polling stations were altered. “We won in 134 out of 198 polling stations, but still they managed to manipulate and subvert the will of the people,” he stated. These allegations have been echoed by other political figures, including Kakamega Senator Boni Khalwale, who described the exercise as a sham tainted by violence and bribery.

Echoes of the Past

Panyako's plan to be sworn in by the people, while not legally binding, carries significant political symbolism in Kenya. It evokes memories of January 2018, when opposition leader Raila Odinga held a mock inauguration, swearing himself in as the “people’s president” after boycotting a contentious presidential election rerun. While the attorney general at the time had warned that such an act could be considered treason, the ceremony proceeded peacefully.

Analysts remain divided on the immediate impact of Panyako's move. It is unclear what form his “swearing-in” will take or what legal challenges may follow. The officially declared winner, David Ndakwa, has since received his election certificate from the IEBC and met with senior government leaders, including Prime Cabinet Secretary Musalia Mudavadi, ahead of his official swearing-in at the National Assembly.

For the people of Malava, the standoff leaves a cloud of uncertainty. The by-election was meant to bring new leadership to address pressing local needs, from infrastructure to job creation. Instead, it has delivered a deeply fractured political landscape, forcing residents to navigate a community divided by allegiance and unresolved grievances.