Cleophas Malala, the Deputy Party Leader of the Democracy for the Citizens Party (DCP), has received legal protection from being arrested.
The High Court has granted him anticipatory bail, which means police and officers from the Directorate of Criminal Investigations (DCI) are not allowed to arrest or detain him for now.
This ruling came after Malala faced increasing pressure to surrender to law enforcement. He had been accused of encouraging violence during a homecoming rally he held in Kakamega on Saturday, May 24.
Following the event, the police gave him a 72-hour deadline to present himself for questioning.
According to a statement released by DCP Secretary General Hezron Obaga, the party welcomed the court’s decision.
The party believes that the police were not acting fairly and had plans to arrest Malala as a way of humiliating and intimidating him for political reasons.
The High Court appeared to agree with these concerns, ruling that arresting Malala could lead to the violation of his constitutional rights. The court issued an order barring his arrest or detention.
However, the court also made it clear that Malala is still required to cooperate with the ongoing investigations.
His legal team has been directed to ensure he appears at the DCI offices for questioning before or on June 3, 2025.
“The court has granted anticipatory bail and clearly stated that Cleophas Malala should not be arrested or detained,” the DCP statement read. “His lawyers must present him at the DCI offices for questioning by June 3, 2025.”
In its ruling, the court also noted that if the investigations lead to formal criminal charges, Malala must be notified properly.
Instead of being arrested, he should be allowed to appear in court voluntarily to face the charges.
Earlier, Western Region Police Commander Issa Mahamoud had called on Malala to come forward and explain what occurred at the rally that caused public disorder.
Commander Mahamoud had warned that if Malala failed to report to the police within the given 72-hour window, the authorities would be forced to locate and arrest him.
“Honourable Cleophas Malala should report to my office as soon as possible,” Mahamoud said. “We expected him to come today so that we could question him about what happened during Saturday’s rally. If he doesn’t report within 72 hours, we will find him and proceed with legal action.”
The police also claimed that Malala failed to inform them in advance about the planned rally, which they say led to serious disruptions in Kakamega Town.
The event reportedly interfered with normal transport services and caused business activities to come to a halt.
This latest development has sparked political debate, with Malala’s supporters seeing the court’s decision as a win for justice, while critics argue that the law should still take its course regardless of political positions.
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