The High Court has granted Democracy for Citizens Party (DCP) Deputy Party Leader Cleophas Malala anticipatory bail of Ksh100,000 pending investigations into chaos at his homecoming event in Kakamega on Saturday 24, 2025.
Justice Diana Kavedza, in her ruling, also barred the police from arresting or detaining Malala during the course of the investigations.
At the same time, she directed Malala to present himself at the Directorate of Criminal Investigations (DCI) headquarters for interrogation and questioning within five days.
“The applicant’s advocates are further directed to escort Malala to the offices of DCI for questioning and or interrogation within five days from the date hereof and not later than June 3,2025,” Justice Kavedza ordered
The court, however, declined to restrain the Office of the Director of Public Prosecutions (DPP) and the DCI from carrying out investigations or preferring any criminal charges against Malala, should evidence warrant such action.
“Upon the conclusion of investigations, and if a decision to charge the applicant has been made, the respondents(DPP and DCI) shall not arrest or detain Malala but he shall be informed of the court where he is to appear for plea taking,” the Judge directed.
Malala was also ordered to cooperate with investigators in case of any ongoing probe pending formal charges.
The judge issued the orders after Malala filed an application in which he said he was apprehensive that detectives would arrest him in contravention of his constitutional rights.
Malala informed the court that police were planning to arrest him on Friday, May 30, 2025, so he can remain in custody over the long weekend on the Madaraka holiday, thus violating his rights.
He stated to have received information on the plans to arrest him for hosting his Democracy for Citizens Party leaders at his homecoming party in Kakamega last week.
The event was marred by teargas and running battles between police and party supporters as officials led by Malala began their tour of the region.
Malala was accompanied by Senators John Methu (Nyandarua) and Karungo Thang’wa of Kiambu, among other leaders and party officials.
