The Deputy Party Leader of the Democracy for the Citizens Party (DCP), Senator Cleophas Malalah, has been granted anticipatory bail by the High Court, shielding him from imminent arrest over allegations of causing chaos in a recent weekend rally in Kakamega.
The court issued a restraining order against the Director of Criminal Investigations, DCI and the police, barring them from arresting or detaining Senator Malalah. Authorities had accused him of inciting violence during his homecoming event, a claim Malalah has denied.
Represented by lawyer Ken Echesa, Malalah informed the court that he possessed credible intelligence suggesting that the police were planning to arrest and charge him in relation to the rally. Malala said the motive behind the intended arrest was political, aimed at embarrassing, harassing, and intimidating him.
In its ruling, the court emphasized that the police must not arrest or detain Malalah. Instead, it directed that his legal team present him at the DCI offices for questioning no later than June 3, 2025. If the investigations culminate in formal charges, the court ordered that the police inform Malalah of the appropriate court to attend for plea taking, rather than resorting to arrest.
Furthermore, the court warned that any individual who orders Malalah’s arrest in contravention of its ruling would be held in contempt of court and face corresponding legal consequences.
The DCP, through Secretary General Hezron Obaga, welcomed the court’s decision, framing it as a victory for justice and a reaffirmation of constitutional protections against politically motivated persecution.
