According to reports by Kenyans.co.ke, the High Court has moved to protect Cleophas Malala, the Deputy Leader of the Democracy for the Citizens Party (DCP), from being arrested immediately after violence broke out at his homecoming rally in Kakamega.
This legal step brings temporary relief to Malala, who had been given just 72 hours by police to present himself for questioning.
Tensions had risen following the events of Saturday, 24 May, when chaos erupted during the rally. Police later accused Malala of inciting his supporters and causing disturbances that affected both transport and businesses in the area.
According to Western Region Police Commander Issa Mahamoud, Malala failed to notify the authorities about the planned rally. This, he claimed, made it difficult for law enforcement to manage the situation and ensure public safety.
As a result, Mahamoud ordered Malala to appear at his office, warning that failure to do so would lead to his arrest. The police’s strong stance raised concern from Malala’s allies, who felt the approach was excessive.
However, the High Court granted anticipatory bail to Malala, a legal measure that stops law enforcement from arresting him while investigations are still ongoing. The judge stated that detaining Malala without clear cause could violate his rights.
While this means Malala cannot be arrested immediately, the court directed his legal team to present him at the Directorate of Criminal Investigations (DCI) offices by 3 June for questioning.
The judge also made it clear that if the police find enough evidence to press charges, Malala must be allowed to attend court without being arrested, ensuring the process remains fair and respectful of his rights.
The Democracy for the Citizens Party welcomed the ruling. DCP Secretary General Hezron Obaga issued a statement accusing the police of acting out of political interest.
According to Obaga, the push to arrest Malala was less about justice and more about embarrassing him in front of his supporters. He added that the party would continue to fight back against what they see as misuse of police powers.This case has highlighted the growing tension between law enforcement and political leaders, especially when it comes to organizing public events.
Police say they need proper information to prepare and keep things peaceful. On the other hand, politicians often argue that the police are using the law to frustrate or silence them.
For now, Malala remains free but is still under investigation. If the DCI finds enough grounds to charge him with causing public disorder, he will have to appear before a court and respond to the charges officially.
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