The Independent Electoral and Boundaries Commission (IEBC) has suspended the Migwani Ward by-election in Mwingi West Constituency, Kitui County, following interim orders issued by the High Court.
In a public notice issued on Tuesday, October 27, the commission said the suspension followed conservatory orders issued by the Kitui High Court on October 22, 2026, in a constitutional petition filed by Francis Musili Kauta against IEBC and three other respondents.
The court ordered the suspension of the by-election for 30 days pending the hearing of the petition, which is scheduled for November 11, 2026.
The decision puts on hold the mini-poll that had been scheduled for November 17 as the court considers the legal issues raised in the petition.
The Migwani Ward seat fell vacant on August 6, 2026, after former Member of the County Assembly (MCA) Harrison Maluki Mawia left the elected position to take up the role of Clerk of the Kitui County Assembly.
Mawia’s appointment was approved by the county assembly on August 5, before he was sworn into office the following day. The Speaker subsequently declared the Migwani Ward MCA seat vacant, prompting the IEBC to begin preparations for a by-election to fill the position for the remainder of the current county assembly term.
In September, IEBC Chairperson Erastus Ethekon gazetted November 17 as the date for the by-election and released a timetable outlining candidate nominations, campaigns and other electoral activities.
The contest had attracted six candidates cleared by the commission to vie for the seat, representing different political parties.
However, the electoral process now faces uncertainty following the court intervention.
The petition filed by Kauta challenges the circumstances surrounding the declaration of the ward seat as vacant, including issues linked to Mawia’s appointment as county assembly clerk.
The court’s interim orders do not amount to a final determination of the petition. The substantive legal questions are expected to be considered during the hearing scheduled for November 11.
The IEBC has urged members of the public, candidates and other stakeholders to take note of the suspension, adding that further updates will be communicated through its official channels.
The future of the Migwani Ward by-election will depend on the court proceedings and any subsequent directions issued by the court.
