Senator Malala released after night in police custody, lawyer says DPP dropped charges

Kakamega Senator Cleophas Malala has been released from police custody unconditionally after spending the night at the Mumias Police Station.

Malala was taken in on Monday in Nairobi and driven to Mumias by the DCI officers against the wishes of his lawyer John Khaminwa.

The move to release the senator without pressing charges could perhaps signal a disjointed working relationship between the DCI and the DPP in the wheel of justice.

Malala spent the night at the Mumias police station after he declined to enter the holding cells claiming he wasn't sure they had been fumigated or not.

It emerged that Malala was not booked in the Occurrence Book at the station by the officers who drive him in.

"When the officers arrived at around 10 pm, an argument ensued between those from Nairobi and the DCIO here who said he had no mandate to deal with the matter and declined to receive the senator," said an officer who spoke in confidence.

"The officer from Nairobi then jumped into their Subaru cars and zoomed off without handing him over and instead left him there, because they didn't know what charged to prefer against him." .

Mumias Police boss Paul Mengich declined to talk to the press. But LSK president Nelson Havi said the DPP had dropped the charges against Malala.

On Tuesday, Malala supporters demonstrated in Mumias town demanding for his release.

Police mulled the option of moving Malala to a more remote Butere police station to cool the protests moments before he walked out a free man at 9 am.

Malala said that no amount of money intimidation would coerce the senate to pass a formula that will disadvantage other regions.

He said that the standoff in the debated goes beyond political party boundaries as it was all about Kenyans.

"We the team Kenya comprising youthful senators have decided to team up regardless of our political party affiliations to salvage this country," he said after his release.

Police in Monday indicated that Malala had been arrested for violating of social distancing requirements while distributing sanitisers in Mumias over the weekend.