The High Court in Kakamega has barred police from arresting or prosecuting Democracy for the Citizens (DCP) Party Deputy Leader, Cleophas Malala, over a controversial helicopter landing at the Mumias Complex Stadium earlier this month.
In an order issued on August 12 by Justice Alice Chepngetich Bett, the court granted interim conservatory orders restraining law enforcement from interfering with Malala’s liberty pending a full hearing set for August 20.
Malala moved to court under a certificate of urgency, seeking protection from what he termed as harassment and intimidation by police over the August 2 incident, where a chopper allegedly landed on a football pitch during a public event.
The court directed the Inspector General of Police, the Attorney General, and three other respondents to file their responses within three working days after being served, which must happen by close of business on August 13.
Justice Bett certified the application as urgent and ruled it would be heard during the current court vacation.
“A conservatory order is issued restraining the respondents… from arresting, charging, prosecuting, harassing, intimidating or otherwise interfering with the liberty of the petitioner,” the ruling states.
The petition will return to court for inter partes hearing on August 20.
“The role of the National Police Service is constitutionally circumscribed under Article 245(4) and the National Police Service Act-to investigate and recommend cases for prosecution through lawful channels, not to conduct media trials or issue threats couched as enforcement measures,” read the court documents.
Malala Summoned by DCI
This came after the Directorate of Criminal Investigations (DCI) officers summoned Malala over a helicopter incident.
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Malala was summoned to appear before the DCI offices in Kakamega on Friday, August 8, to shed more light on his decision to land using a helicopter at the centre of a stadium during school games.
According to Western region police commander Issa Muhamoud, Malala’s move to land on the Mumias Sports complex stadium during the national secondary school game final endangered the lives of people who were attending the games.
“I call upon former Kakamega Senator, Cleophas Malala, to report to the DCI offices before Friday, so that he can make his statement as we go ahead with the investigations,” said Muhamoud.
Gachagua Faces Possible Summon
Former Deputy President Rigathi Gachagua could also be summoned following his controversial remarks claiming President William Ruto met with Al-Shabaab militants during a recent visit to Mandera County.
Interior Cabinet Secretary Kipchumba Murkomen criticized Gachagua, accusing him of damaging Kenya’s international reputation during his tour in the United States.
Murkomen said Gachagua appeared to make light of serious national security matters.
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“I want to say, without fear of contradiction, because he has said that he has information and he knows, and that he has an agent who is holding meetings with Al-Shabaab, as soon as he lands in Kenya, he must record a statement to tell us exactly which meetings he is having with terrorists,” Murkomen stated.
In defiance, Gachagua challenged Murkomen to take action, stating he isn’t intimidated.
“I am not a leader who buys fear. I am not the one who has launched investigations against William Ruto. It is the Senate of the United States,” Gachagua said.
Gachagua added that he had no interest in responding to Murkomen directly but expressed willingness to assist American authorities if asked.
“I have nothing useful to tell him (Murkomen). But if the Americans want me to assist in investigations, I would because that is where the investigations are.”
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