DPP now blocks detectives from arresting Malala

The office of Director of Public Prosecutions has directed the DCI to stop the impending arrest of former Kakamega Senator Cleophas Malala. 

Assistant DPP Western regional co-ordinator Peter Kiprop asked the Kakamega DCI to urgently forward all the relevant files under investigations against Malala to his office for appropriate action in a letter to the Kakamega DCI dated September 5. 

“I have been directed by the Director of Public Prosecutions and in exercise of Article 157 of the Constitution to direct that you stop, stay and or postpone the intended arrest and you restrain your officers from any form of harassment of the suspect immediately until such time the files are perused and advised by the DPP in person,” the letter reads. 

Malala through his lawyers, Ms Malala and Advocates, had written to the DPP protesting against police harassment and intended arbitrary arrest against his rights. 

He complained that the officers did not display search warrant, arrest warrant or summons to compel attendance at the time they raided his home.

Over 30 armed police officers, some in full compact gear raided Malala’s residence in Mililani estate on Thursday to arrest him over assault and robbery with violence charges. 

The officers broke padlocks on the gate to gain entry but members of the public prevented them from breaking into his house in a near two-hour drama. 

Kiprop said the raid and attempt to arrest Malala in the manner complained of is tantamount to infringing and trampling on his constitutional rights as a suspect, a violation of Section 29 of the Criminal Procedure Act, the evidence on record against him notwithstanding.

“The suspect in question is an outgoing senator for Kakamega county and the immediate former candidate for gubernatorial seat and a public figure by any standard, with respectable command of some of the population within the county,” he said.

He said the investigations are of public interest in that regard.

Malala's family linked the police harassment to politics and asked the police to respect the law and stop being misused.

-Edited by SKanyara