IEBC SUSPENDS UPCOMING ELECTIONS

The Independent Electoral and Boundaries Commission (IEBC) has suspended the Migwani Ward by-election in Kitui County following a court order halting the poll scheduled for November 17, 2026, as a legal dispute over the vacancy enters the judicial process.

In a public notice issued on Tuesday, October 27, the commission said the suspension followed interim conservatory orders issued by the Kitui High Court on October 22 in Constitutional Petition No. E011 of 2026.

The court directed that the by-election be suspended for 30 days pending the hearing and determination of a petition filed by Francis Musili Kauta against the IEBC and three other respondents.

The matter is scheduled for hearing on November 11, 2026, with the commission saying further communication on the election will depend on the court proceedings.

The dispute centres on the circumstances under which the Migwani Ward seat became vacant after former Member of the County Assembly (MCA) Harrison Maluki Mawia resigned on August 6 to take up the position of Clerk of the Kitui County Assembly.

Kauta's petition challenges the validity of the process through which the vacancy was declared, raising questions about the legality of the steps leading to the by-election.

In its ruling, the court indicated that it lacked jurisdiction to determine the dispute concerning Mawia's appointment as clerk, stating that the matter falls under the Employment and Labour Relations Court (ELRC).

However, Justice S.N. Riechi affirmed the court's jurisdiction to examine whether the declaration of the Migwani Ward vacancy was valid, paving the way for the substantive petition to be heard.

The interim orders have consequently placed the electoral process on hold as the court considers the challenge.

The IEBC had set November 17 as the polling date after the vacancy arose, with the electoral timetable covering candidate nominations, campaigns and other preparations.

In September, IEBC Chairperson Erastus Ethekon gazetted the election date, while the commission subsequently opened applications for accreditation of journalists and election observers, setting October 30 as the deadline.

Six candidates had already been cleared to contest the seat before the suspension.

They are Mwangangi Munyoki of the Wiper Democratic Movement, Kimanzi Mwendwa of the United Democratic Alliance (UDA), Susan Nzoka of the Party of Independent Candidates of Kenya (PICK), Michael Kive of the People's Party of Kenya (PPK), Christine Mwende of the National Economic Development Party (NEDP) and Joel Kuri of the Mabadiliko Party of Kenya (MAPK).

The court's intervention interrupts preparations by the candidates and their respective parties, leaving the next steps dependent on the outcome of the proceedings.

The IEBC urged the public, political parties and all affected contestants to take note of the suspension, adding that further updates would be communicated through its official channels.

Beyond the legal dispute, the Migwani Ward contest had attracted political attention as Wiper and UDA sought to strengthen their positions in Ukambani ahead of the 2027 General Election.

Wiper, associated with Kalonzo Musyoka, was seeking to retain its influence in a region traditionally considered its political stronghold. UDA, led by President William Ruto, was looking to expand its support base and demonstrate its growing appeal in the area.

Both parties had intensified their grassroots mobilisation ahead of the planned poll, making the ward contest an important local test of their political strength.

With the petition scheduled for hearing on November 11, attention now shifts to the High Court's determination and its implications for the future of the by-election.