Malala Safe From Arrest – For Now, Says Court

The High Court has given Cleophas Malala, the Deputy Party Leader of the Democracy for Citizens Party (DCP), anticipatory bail of Ksh100,000.

This means he cannot be arrested right away. The bail is in place while police continue their investigations into the chaos that broke out during his homecoming event in Kakamega on Saturday, May 24, 2025.

Justice Diana Kavedza made this ruling. In addition to granting bail, she clearly stated that police officers must not arrest or detain Malala while they are still carrying out their investigations. This is to protect his rights and ensure that the process remains fair.

Moreover, Justice Kavedza directed Malala to go to the Directorate of Criminal Investigations (DCI) headquarters for questioning.

She gave him a deadline of five days to do so. She also ordered that his lawyers must escort him to the DCI offices. The final date for him to appear is no later than June 3, 2025.

Investigations to continue

At the same time, the judge made it clear that the court would not stop the Office of the Director of Public Prosecutions (DPP) or the DCI from continuing with investigations.

If they find enough evidence, they are allowed to press charges against Malala. The court emphasized that investigations must continue if necessary.

However, the judge also ruled that even if the DPP and DCI decide to charge Malala in court, they cannot arrest or detain him.

Instead, they must simply inform him which court to go to and when he should appear to take his plea. This approach is meant to respect his rights and avoid unnecessary detention.

Furthermore, the judge instructed Malala to fully cooperate with the investigators if there are any further investigations. He must assist the authorities until a formal decision is made about possible charges.

This court decision came after Malala filed an urgent application. In his application, he explained that he feared the police were planning to arrest him unfairly.

He believed that detectives wanted to arrest him on Friday, May 30, 2025, just before the Madaraka Day weekend.

He was concerned that they would use the long holiday to keep him in custody for several days, which he said would violate his constitutional rights.

In addition, Malala told the court that he had received reliable information suggesting that the arrest was linked to his recent political activities.

What led to chaos

Specifically, he said police were targeting him for hosting a homecoming event in Kakamega, where he welcomed DCP leaders and supporters.

That event, unfortunately, turned chaotic. There were violent clashes between the police and party supporters.

The situation escalated quickly, with teargas being fired and people running in all directions. Malala and other leaders had just begun their political tour of the region when the trouble started.

During the event, Malala was joined by several prominent figures. These included Nyandarua Senator John Methu, Kiambu Senator Karungo Thang’wa, and other party officials. Despite the tensions, they were there to show unity and launch their campaign activities.

In conclusion, the High Court’s ruling has given Malala temporary protection from arrest. However, the investigations will go on, and depending on what the authorities find, he could still be charged in court. For now, he must follow all the court’s directions and work closely with the investigators.