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The Independent Electoral and Boundaries Commission (IEBC) has suspended the Migwani Ward by-election scheduled for November 17, 2026. The decision follows interim conservatory orders issued by the High Court over a petition challenging the declaration of the vacancy.
In a notice released on Tuesday, October 27, IEBC said the suspension would remain in effect following the court’s intervention. The commission added that it would communicate further updates after the legal proceedings progress.
“The Independent Electoral and Boundaries Commission hereby informs the general public that the by-election for Migwani Ward, Mwingi West Constituency, Kitui County, has been suspended following interim conservatory orders issued by the High Court on October 22, 2026,” the notice stated.
IEBC said the matter remained active before the court and declined to announce a new election date. The suspension means residents will have to await further communication from the electoral commission.
Court issues 30-day suspension
The High Court in Kitui issued the interim orders on October 22 while considering a petition challenging the Migwani Ward vacancy. The court directed that the planned by-election be suspended for 30 days as the dispute proceeds.
The matter is scheduled for a hearing on November 11, when the court is expected to consider the petition further. The final outcome could determine whether the electoral process proceeds as initially planned or requires further changes.
The petition was filed by Francis Musili Kauta, a civil society activist and politician seeking the Kitui gubernatorial seat in 2027. He questioned the circumstances under which the Migwani Ward seat became vacant.
Dispute follows MCA’s appointment
The vacancy arose after former Migwani Ward MCA Harrison Maluki Mawia resigned from his elected position. Mawia had been appointed by the Kitui County Government to serve as Chief Clerk of the County Assembly.
Kauta challenged the legality of the process surrounding Mawia’s appointment and subsequent resignation. His petition raised questions about whether the declaration of the ward seat’s vacancy followed the applicable legal requirements.
The dispute prompted the court to examine its jurisdiction over the different issues raised in the petition. Justice Riechi distinguished between the employment-related dispute and the legality of declaring the electoral vacancy.
Court separates employment and election issues
In its ruling, the court held that it lacked jurisdiction to determine the dispute concerning Mawia’s appointment as Clerk of the Kitui County Assembly. The judge stated that such employment-related matters fall under the Employment and Labour Relations Court.
However, the High Court affirmed its authority to determine whether the declaration of the Migwani Ward vacancy was valid. It consequently issued interim orders suspending the by-election to allow the issue to undergo substantive consideration.
The ruling does not amount to a final determination of the petition challenging the vacancy. The court is expected to consider the matter further during the scheduled November 11 hearing.
Voters await further communication
IEBC has not announced a replacement date for the Migwani Ward by-election. The commission is expected to provide further information depending on developments in the court proceedings.
The dispute places the election timetable on hold as the court examines the legality of the vacancy declaration. The next hearing will be an important step in determining how the matter proceed
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