Editor's Review

The High Court allowed DCI and DPP officers to investigate and charge Malala, but ruled that they cannot arrest or detain him.

The High Court has granted Democracy for the Citizens Party (DCP) Deputy Party leader Cleophas Malala an anticipatory bail blocking his arrest following chaos witnessed in Kakamega last weekend. 

Justice Diana Kavedza of the High Court in Kibera issued the anticipatory bail on Wednesday, May 28, after Malala filed an application saying he had received credible information that DCI detectives are planning to apprehend him.

The High Court Judge said the DCI and DPP officers can investigate and charge Malala; however, they can’t arrest or detain him.

“The applicant herein is admitted to anticipatory bail in the sum of Kenya Shillings One Hundred Thousand (Kshs. 100,000) to be deposited in court,” Kavedza directed.

“For the avoidance of doubt, the respondents are at liberty to investigate or charge the applicant for any criminal conduct. However, they shall not arrest or detain the applicant in view of order (II) above or until further orders of the court.”

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File image of Cleophas Malala in Kakamega. 

She directed Malala's lawyer to escort the former UDA Secretary General to the DCI offices for interrogation within five days and not later than June 3.

“The applicant’s advocates are further directed to escort the applicant to the offices of the 2nd respondent for questioning and/or interrogation within five (5) days from the date hereof and not later than 3rd June, 2025,” said Justice Kavedza.

Malala was also ordered to cooperate with investigators in the event of any ongoing probe pending formal charges.

The High Court judge further stated that upon the conclusion of investigations, and if a decision is made to charge Malala, the DCI and DPP shall not arrest or detain him.

Instead, he shall be informed of the specific court where he is required to appear for plea taking.

This comes after Malala was given 72 hours to surrender himself to the police and record a statement over the chaos that erupted during his rally in Kakamega on Saturday last week.

Western Region Police Commander Issa Mahamoud, in a press briefing on Tuesday, May 27, said Malala would be arrested if he failed to surrender to the police.