Court bars police from charging Malala for landing chopper in stadium
The High Court in Kakamega barred the police from arresting, charging, or harassing former Kakamega Senator Cleophas Malala over the alleged illegal landing of a helicopter at Mumias Complex Stadium on August 2.
Lady Justice Alice Chepngetich Bett on Tuesday certified Malala’s application as urgent and directed it to be heard interparties on August 20, 2025.
She directed that the petition and supporting application be served on the Inspector General of Police, the Director of Criminal Investigations, the Director of Public Prosecutions, the Attorney General, and the Western Region Police Commander by close of business on August 13.
The respondents have three working days thereafter to file their responses.
In the meantime, the court issued a conservatory order restraining the respondents, their agents, or anyone acting on their instructions from arresting, prosecuting, intimidating, or otherwise interfering with Malala’s liberty or that of his associates in connection with the incident.
“In the interim, a conservatory order is issued retraining the Respondents whether by themselves, their servants, agents or any person acting under their instructions from arresting charging, prosecuting, harassing, intimidating or otherwise interfering with the liberty of the Petitioner and/or his associates in relation to the allegations surrounding the alleged landing of a helicopter on a football pitch at Mumias Complex Stadium on 2nd August 2025,” said the court.
Through lawyer Edgar Busiega, Malala told the court that he was merely a passenger in the chopper that landed during halftime of a football match at Mumias Complex Stadium and had no role in the piloting or landing decision.
He accused the police of overstepping their mandate, politicising the matter, and threatening to arrest him without due process.
He said statements by the Western Region Police Commander Abdi Mohamud were couched in harsh and prejudicial language, publicly pronouncing guilt before investigations were concluded.
“These utterances, taken as a whole, reveal an abuse of office, an intent to harass the petitioner, and a weaponization of police powers to threaten legal consequences outside the bounds of fair and lawful procedure. They project a bias unbefitting a professional policing service and violate the petitioner’s rights,” said Malala.
Malala argued that the alleged airspace breach falls under the Civil Aviation Authority, not the National Police Service.
“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.