, Cleophas Malala, has been granted anticipatory bail by the High Court){kind=link}
High Court Blocks DCI, DPP from Arresting Malala Over Kakamega Chaos
The Deputy Party Leader of the Democracy for the Citizens Party (DCP), Cleophas Malala, has been granted anticipatory bail by the High Court, shielding him from arrest by the police and the Directorate of Criminal Investigations (DCI).
Malala was under pressure to surrender to authorities following chaos that erupted during his homecoming rally in Kakamega on Saturday, May 24.
Police accused Malala of inciting violence during the event and issued him a 72-hour ultimatum to present himself for questioning.
In response, DCP Secretary General Hezron Obaga welcomed the court’s decision, alleging that the intended arrest was politically motivated to embarrass and intimidate Malala.
The High Court ruled that Malala’s constitutional rights could be violated if the arrest proceeded, and therefore prohibited the police from detaining him. However, the court ordered that Malala must still appear at the DCI offices for questioning by June 3, 2025.
“In granting the anticipatory bail, the court stated that the police shall not arrest or detain former Senator Malala and directed that Malala’s advocates present him at the DCI offices for questioning not later than June 3, 2025,” read a statement from the DCP.
The court also emphasized that should investigations warrant criminal charges, Malala must be formally notified and summoned to court rather than being subjected to arrest.
Earlier, Western Region Police Commander Issa Mahamoud had urged Malala to come forward and explain the events that triggered unrest in Kakamega.
“The honourable Cleophas Malala should report to my office any time from now. We expected him to come today so we can question him on Saturday’s discourse. If he fails to come within the next 72 hours, we will look for him,” Mahamoud stated.
He also criticized Malala for not notifying police ahead of the rally, which he said disrupted transport and business operations across Kakamega Town.
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High Court Blocks DCI, DPP from Arresting Malala Over Kakamega Chaos