Court halts Malala’s arrest, grants Sh100,000 anticipatory bail
In her ruling, Justice Diana Kavedza prohibited the police from arresting or detaining Malala throughout the investigation process.
The High Court has granted anticipatory bail of Sh100,000 to Cleophas Malala, Deputy Party Leader of the Democracy for Citizens Party (DCP), as investigations continue into disturbances that occurred during his homecoming event in Kakamega on Saturday, May 24, 2025.
In her ruling, Justice Diana Kavedza prohibited the police from arresting or detaining Malala throughout the investigation process.
Additionally, the judge instructed Malala to report to the Directorate of Criminal Investigations (DCI) headquarters for questioning within five days.
"The applicant’s legal team is ordered to accompany Malala to the DCI offices for interrogation within five days from the date of this ruling, and no later than June 3, 2025," Justice Kavedza stated.
However, the court declined to stop the Director of Public Prosecutions (DPP) and the DCI from proceeding with their investigations or filing any criminal charges against Malala if sufficient evidence is found.
Following the conclusion of investigations, if the decision is made to charge Cleophas Malala, the respondents, the Director of Public Prosecutions (DPP) and the Directorate of Criminal Investigations (DCI) are directed not to arrest or detain him.
Instead, Malala must be informed of the court where he is to appear for plea-taking, the judge ruled.
Malala was also instructed to cooperate fully with investigators during any ongoing probe prior to formal charges being filed.
These orders came after Malala filed a petition expressing concern that detectives planned to arrest him in violation of his constitutional rights.
He told the court that police intended to detain him on Friday, May 30, 2025, to keep him in custody over the Madaraka Day long weekend, which he argued would infringe on his rights.
Malala said he had received intelligence about plans to arrest him due to his role in hosting Democracy for Citizens Party leaders at his recent homecoming event in Kakamega.
The occasion had been disrupted by clashes involving teargas and confrontations between police and party supporters, as Malala and officials began their regional tour.
He was joined by Senators John Methu of Nyandarua and Karungo Thang’wa from Kiambu, alongside other party leaders and officials.
