A High Court in Kakamega has issued a conservatory order barring police from arresting Democracy for the Citizens Party (DCP) Deputy Leader Cleophas Malala over the alleged illegal landing of a helicopter at Mumias Complex Stadium.
In a directive delivered on Tuesday, August 12, Lady Justice Alice Bett ordered police and other authorities to refrain from arresting or prosecuting Malala pending the hearing of the matter.
"That in the interim, a conservatory order is issued restraining the respondents, whether by themselves, their servants, agents or any person acting under their instructions, from arresting, charging, prosecuting, harassing, intimidating or otherwise interfering with the liberty of the petitioner," the court ruled.
The court also certified the application as urgent and directed that the petition be served to the respondents, including the Inspector General of Police, Douglas Kanja, by Wednesday, August 13.
While issuing the conservatory orders, Lady Justice Bett directed that the respondents have three working days to file their responses to the matters raised by the petitioner.
She further scheduled the matter for an inter partes hearing on Wednesday, August 20, 2025.
The petition, filed by the former Kakamega Senator’s lawyers, contends that the decision by the police to arrest him was unlawful and politically motivated.
According to the petitioner, decisions regarding the piloting and landing of a helicopter rest solely with the licensed pilot under the Civil Aviation Regulations, 2018.
Malala's move to file a petition comes a week after the Directorate of Criminal Investigations (DCI) officers in Kakamenga summoned him for landing using a helicopter at the centre of a stadium during school games.
Western Region Police Commander Issa Muhamoud, while addressing the press on August 4, said Malala’s decision to land at the Mumias Sports Complex Stadium during the national secondary school games final endangered the lives of spectators attending the tournament.
He urged the DCP deputy leader to honour the summons and warned of dire consequences, including criminal charges, should Malala and the pilot be found guilty of an unauthorised landing.
“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,” said Muhamoud.
“Therefore, the pilot, the politician, and any other accomplices involved in this unauthorised landing will face criminal charges,” he added.
