The Independent Electoral and Boundaries Commission (IEBC) has announced the suspension of the planned Migwani Ward by-election in Mwingi West Constituency, Kitui County, following interim orders issued by the High Court.
In a public notice, the commission said the suspension followed conservatory orders issued on October 22, 2026, in a constitutional petition filed against the electoral body and three other respondents.
The case, registered as Kitui High Court Constitutional Petition No. E011 of 2026, was filed by Francis Musili Kauta.
Kauta, a civil society activist and politician seeking the Kitui gubernatorial seat in the 2027 General Election, challenged the circumstances under which the Migwani Ward seat became vacant.
In his petition, Kauta questioned the legality of the process that led to the appointment of former Migwani Ward MCA Harrison Maluki Mawia as Chief Clerk by the Kitui County Government, prompting Mawia to resign from his elective position.
In a ruling delivered by Justice Riechi, the High Court determined that it lacked jurisdiction to hear the dispute over Mawia’s appointment as Clerk of the Kitui County Assembly, stating that the matter falls under the Employment and Labour Relations Court (ELRC).
However, the court affirmed that it had jurisdiction to examine the validity of the declaration of the Migwani Ward seat as vacant. It consequently issued interim orders to allow the matter to undergo a substantive hearing.
The court ordered the suspension of the by-election, which had been scheduled for November 17, for 30 days. The petition is set to be heard on November 11.
IEBC urged residents of Migwani Ward, political actors and other stakeholders to take note of the development as they await further directions on the by-election.
“Further updates will be communicated through the Commission’s official channels,” IEBC stated in the notice. The commission did not indicate when the by-election might be rescheduled.
The suspension means the electoral process will remain on hold pending further court proceedings and any subsequent directions affecting the poll.
Residents and candidates seeking updates on the by-election have been advised to follow official IEBC communication channels for further announcements.
