DCP deputy party leader Cleophas Malala. /CLEOPHAS MALALA/XThe High Court in Kakamega has issued an interim conservatory order barring the arrest or prosecution of DCP deputy party leader Cleophas Malala in connection with the alleged illegal landing of a helicopter at Mumias Complex Stadium during a high school football match on August 2.
Lady Justice Alice Bett certified Malala’s application as urgent and restrained the Inspector General of Police, the Director of Criminal Investigations, the Director of Public Prosecutions, the Attorney General, and the Western Region Police Commander from arresting, charging, prosecuting, or otherwise interfering with Malala’s liberty or that of his associates.
The order covers all actions related to the allegations surrounding the helicopter landing.
The court directed that the petition and application be served on the respondents by close of business on August 13, 2025, giving them three working days to respond. The substantive hearing is scheduled for August 20, 2025.
Through his lawyer, Edgar Busiega, Malala argued that he was only a passenger in the helicopter and had no role in its piloting or landing.
The legal team maintained that matters relating to aviation fall under the jurisdiction of civil aviation authorities.
According to the petition, the summons issued to Malala lacked sufficient detail and did not meet due process requirements.
It also stated that comments made by some officials risked creating a perception of prejudgment.
The petition noted that Western Region Police Commander Issa Muhamud had said the helicopter landing endangered lives, disrupted a public event, and that those responsible would face legal action.
Malala’s lawyers argued that such statements could be seen as indicating a predetermined outcome before investigations were concluded.
On August 5, Muhamoud confirmed that both Malala and the helicopter pilot will be prosecuted for multiple offences, including endangering public safety, creating a public nuisance, trespass, and violating aviation regulations.
“It was not an emergency landing and it was not an accident,” said Muhamoud.
“This was a clear violation of civil aviation rules, the Basic Education Act, the Ministry of Education guidelines on children’s safety, and the Penal Code.”
According to police, the unapproved landing disrupted the national school event, triggered panic among students and teachers, and could have led to a stampede or a tragic accident.
