Court Blocks Arrest of Cleophas Malala Over Helicopter Landing Dispute
The High Court in Kakamega has stopped police from arresting Democracy for the Citizens Party (DCP) Deputy Leader Cleophas Malala over claims of illegally landing a helicopter at Mumias Complex Stadium.
The ruling was delivered on Tuesday, August 12, by Lady Justice Alice Bett, who issued a conservatory order directing police and other government authorities to keep off the matter until the case is heard.
She instructed that Malala should not be arrested, charged, prosecuted, harassed, intimidated, or interfered with in any way during this period.
“That in the meantime, a conservatory order is issued restraining the respondents — whether by themselves, their servants, agents, or any other person acting under their instructions — from arresting, charging, prosecuting, harassing, intimidating, or otherwise interfering with the liberty of the petitioner,” read the court’s decision.
The judge declared the application urgent and directed that it be served to all respondents, including the Inspector General of Police, Douglas Kanja, by Wednesday, August 13. She further ordered that the respondents must file their responses within three working days.
The case is set for an inter partes hearing on Wednesday, August 20, 2025, where all parties will present their arguments before the court.
Malala’s legal team, in their petition, argued that the arrest attempt was both unlawful and politically motivated. They said that under the Civil Aviation Regulations of 2018, decisions on where and how a helicopter is landed are the sole responsibility of the licensed pilot — not the passenger.
This legal move comes a week after the Directorate of Criminal Investigations (DCI) in Kakamega summoned the former senator over the controversial helicopter landing at the centre of the stadium during national secondary school games.
Western Region Police Commander Issa Muhamoud had earlier told the press on August 4 that Malala’s decision to land at Mumias Sports Complex Stadium during the final match posed a serious safety risk to spectators attending the event.
He insisted that the DCP deputy leader should present himself at the DCI offices before Friday to record a statement.
“I call upon former Kakamega Senator Cleophas Malala to report to the DCI offices before Friday so that he can make his statement as we proceed with investigations,” Muhamoud stated.
He also warned that if investigations prove the landing was unauthorised, both the pilot and Malala — along with any other accomplices — would face criminal charges. “Therefore, the pilot, the politician, and any other accomplices involved in this unauthorised landing will face criminal charges,” he added.
This court order now gives Malala temporary relief as the legal battle unfolds, setting the stage for a highly watched hearing later this month.
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