The ruling now firmly secures Ndakwa’s position as the duly elected MP following the highly contested November 27, 2025 by-election that attracted national political attention.
Ndakwa emerged victorious in the tightly fought race after garnering 21,564 votes against his closest challenger, Seth Panyako of the Democratic Action Party-Kenya (DAP-K), who received 20,210 votes. The narrow margin of 1,354 votes immediately triggered disputes from the opposition side, with Panyako and his allies insisting the outcome did not reflect the will of the voters.
After the Independent Electoral and Boundaries Commission declared Ndakwa the winner, Panyako rejected the results and moved to court seeking to overturn the outcome. He alleged that irregularities, manipulation of vote tallies, intimidation of agents and electoral malpractice affected the credibility of the by-election.
DAP-K leader Eugene Wamalwa had also strongly criticized the process, claiming the election was characterized by violence, voter bribery and interference from state-linked actors. The opposition coalition viewed the Malava contest as a major test of political influence ahead of the 2027 General Election.
The by-election itself was marked by dramatic scenes after Panyako was briefly arrested on polling day and detained at Malava Police Station under circumstances that sparked outrage from opposition leaders. His supporters further claimed that some of their agents were harassed while property was allegedly destroyed during the exercise.
Despite the accusations, the High Court dismissed the petition and upheld Ndakwa’s victory, effectively bringing to an end months of legal uncertainty surrounding the constituency.
The judgment is expected to strengthen UDA’s confidence in Western Kenya, a region where political competition between the ruling party and opposition outfits has intensified in recent months. UDA leaders have been aggressively seeking to expand their influence in Kakamega and the larger Western Kenya region ahead of 2027.
Ndakwa, who previously served as Minority Leader in the Kakamega County Assembly, enjoyed strong backing from President William Ruto during the campaign period. Ruto publicly endorsed him as the best candidate to continue the development legacy of former Malava MP Malulu Injendi, whose death in February 2025 triggered the by-election.
Political analysts now argue that the court decision deals a setback to opposition efforts to portray the Malava race as evidence of declining support for the Kenya Kwanza administration.
With the legal battle now settled, attention is expected to shift toward future political realignments as both UDA and opposition camps intensify preparations for the 2027 elections.
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