The High Court has granted anticipatory bail, stopping the DCI from arresting DCP deputy party leader Cleophas Malala following chaos at his homecoming event in Kakamega last weekend.
Justice Diana Kavedza of the High Court in Kibera issued
the orders on Wednesday following Malala’s application in which he said he was apprehensive that detectives would arrest him in contravention of his constitutional rights.
The court directed Malala's lawyer to escort the former Kakamega senator to the DCI offices for interrogation within five days and not later than June 3.
Malala was also ordered to cooperate with
investigators in case of any ongoing probe pending formal charges.
Should the police conclude their investigations and the Director of Public Prosecutions approve charges against Malala, the court ordered that the former senator not be arrested but he be informed about the court at which to appear for plea-taking.
"The applicant herein is admitted to an anticipatory bail in the sum of Sh100,000 to be deposited in court," the judge said.
She clarified that both the DCI and DPP are at liberty to investigate or charge Malala for any criminal conduct.
“However, they shall not arrest or detain the applicant in view of the orders above, until further orders of the court."
Should Malala be charged, then Justice Kavedza’s orders shall lapse, and the trial court will be at liberty to determine whether to grant bail.
Malala had claimed police were planning to arrest him on Friday, May 3,0 so he can remain in custody over the long weekend on the Madaraka holiday, thus violating his rights.
He claimed to have received information on the plans to arrest him for hosting his Democracy for Citizens Party leaders at his homecoming party in Kakamenga 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.
In his application for anticipatory bail, Malala claimed the intended arrest by the police is actuated by malice, political motives, and ill-will as it is intended to embarrass, harass and intimidate him.
"At this juncture, the duty of this court is not to interrogate whether the applicant's apprehensions are genuine, rather to protect his constitutional rights and fundamental freedoms guaranteed to all persons," Justice Kavedza said.
