The Deputy Party Leader of the Democracy for the Citizens Party (DCP), Cleophas Malala, has been granted anticipatory bail by the High Court, protecting him from arrest by the police and the Directorate of Criminal Investigations (DCI).
Malala had been under pressure to surrender to authorities after chaos erupted during his homecoming rally in Kakamega on Saturday, May 24.
The police accused him of inciting his supporters to violence during the event and gave him a 72-hour deadline to report to them.
In a statement released by DCP Secretary General Hezron Obaga, the party welcomed the court’s decision, claiming that the police intended to arrest Malala for political reasons meant to embarrass and intimidate him.
The High Court agreed that Malala’s rights could be violated if the arrest went forward and ordered that he should not be arrested or detained.
However, it also instructed his lawyers to present him for questioning at the DCI offices 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," the statement stated.
The court made it clear that if police investigations result in criminal charges against Malala, he should be informed and given a chance to appear in court instead of being arrested.
The Western Region Police Commander, Issa Mahamoud, had earlier asked Malala to present himself and explain what happened during the rally that led to the unrest.
Mahamud said if Malala fails to show up, the police will look for him, apprehend him, and charge him with "disturbing the peace of Kakamega Town."
"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," he said.
Mahamoud claimed that Malala did not give a prior alert to the police about the meeting, a move he says resulted in an unnecessary paralysis of transport and business operations in Kakamega.
