Court Bars Police, DCI From Arresting DCP’s Malala
The High Court of Kakamega has issued an interim conservatory order prohibiting the arrest or prosecution of DCP deputy party leader Cleophas Malala.
This is in reference to the reported unlawful landing of a helicopter at Mumias Complex Stadium during a high school football game on August 2.
Lady Justice Alice Bett certified Malala’s application as urgent.
Justice Bett has directed that the Inspector General of Police, the Director of Criminal Investigations, the Director of Public Prosecutions, the Attorney General, and the Western Region Police Commander refrain from arresting, charging, prosecuting, or interfering with Malala’s or his associates’ liberty.
The ruling applies to all actions involving the helicopter landing allegations.
The court ordered that the petition and application be delivered to the respondents by the close of business on August 13, 2025, providing them three working days to respond.
The substantive hearing is planned on August 20, 2025.
Malala contended through his lawyer, Edgar Busiega, that he was merely a passenger in the helicopter and had no involvement in its flying or landing.
BREAKING NEWS
— DCP TV (@_DCPTV) August 12, 2025
HIGH COURT ISSUES RESTRAINING ORDERS AGAINST THE IMPENDING ARREST OF CLEOPHAS MALALAH.
This afternoon, the Lawyer representing Democracy for Citizens Party, Wakili Edgar Busiega (DCP Party's Malava Constituency Candidate in the forthcoming By-election) obtained… pic.twitter.com/pyT5OTobXN
The legal team contended that aviation-related matters are under the jurisdiction of civil aviation authorities.
According to the suit, the summons issued to Malala lacked adequate detail and did not comply with due process procedures.
It further stated that some officials’ comments could create a sense of bias.
According to the petition, Western Region Police Commander Issa Muhamud stated that the helicopter landing endangered lives, disturbed a public gathering, and will result in legal action against those guilty.
Malala’s lawyers contended that such utterances could be interpreted as implying a predetermined outcome before the investigation was completed.
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On August 5, Muhamoud announced that Malala and the helicopter pilot will face various charges, including jeopardizing public safety, causing a public disturbance, trespassing, and breaking aviation laws.
“It was not an emergency landing and it was not an accident,” said Muhamoud.
“This was a clear violation of civil aviation rules, the Basic Education Act, the Ministry of Education guidelines on children’s safety, and the Penal Code.”
According to authorities, the unapproved landing disturbed the national school celebration, caused panic among children and instructors, and may have resulted in a stampede or a fatal tragedy.
Court Bars Police, DCI From Arresting DCP’s Malala
