High Court bars police from arresting Malala over Mumias helicopter landing
According to the petition, the police issued a public press statement accusing the petitioner of reckless operation of aircraft and negligence for the helicopter landing on the Mumias Complex pitch, where Malala was merely a passenger.
The High Court in Kakamega has issued conservatory orders barring police from arresting or harassing Democracy for the Citizens Party (DCP), Deputy Party Leader Cleophas Malala and his associates in connection with the alleged landing of a helicopter on a football pitch at Mumias Complex Stadium.
In a ruling on Tuesday, Justice Alice Chepngetich Soi Bett directed that the police and other security agencies refrain from any arrest, prosecution, intimidation, or harassment of Malala and his team pending further hearing of the case.
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The court certified the application as urgent and ordered that the petition and supporting documents be served on the respondents by close of business on August 13, 2025, allowing them three working days to file responses.
The matter will be heard inter partes on August 20.
Justice Bett’s order specifically restrains the Inspector General of Police Douglas Kanja, the Director of Criminal Investigations Mohammed Amin, the Director of Public Prosecutions Renson Ingonga, the Attorney General Dorcas Oduor and the Western Region Police Commander, whether directly or through agents, from interfering with the liberty of Cleophas Malala or his associates over allegations related to the helicopter landing during a football match on August 2, 2025.
“That pending the hearing and determination of this Petition, this Honourable Court be pleased to issue an interim order restraining the Respondents, whether by themselves, their servants, agents, or any person acting under their instructions, from arresting, charging, or prosecuting, harassing, intimidating, or otherwise interfering with the liberty of the Petitioner and/or his associates in relation to the allegations surrounding the alleged landing of a helicopter on a football pitch at Mumias Complex Stadium on 2nd August 2025,” reads the court documents.
The petition, filed by Malala’s lawyers from Busiega Mwanga Advocates, contends that the police’s threats and moves to arrest him are politically motivated and unlawful.
According to the petition, the police issued a public press statement accusing the petitioner of reckless operation of aircraft and negligence for the helicopter landing on the Mumias Complex pitch, where Malala was merely a passenger.
The petition argues that decisions on piloting and landing a helicopter rest solely with licensed pilots under the Civil Aviation (Rules of the Air) Regulations, 2018, and that passengers like Malala bear no legal responsibility for those operations.
“The anticipated arrest and prosecution are politically motivated, intended to intimidate and silence the Petitioner's political views, and are therefore an abuse of power and process,” read the court documents.
The petitioner also claims that similar helicopter landings by prominent leaders, including former Prime Minister Raila Odinga and President William Ruto, were never criminally sanctioned, pointing to selective enforcement of the law.
The legal team highlights that the Western Region Police Commander’s press briefing, which warned of imminent arrests, lacked specifics and appeared designed to intimidate and damage Malala’s reputation. The petition says this conduct violates multiple constitutional rights, including equality before the law (Article 27), dignity (Article 28), protection from cruel treatment (Article 29), and the right to a fair trial and presumption of innocence (Article 50).
In the police requisition for Malala’s attendance dated August 9, 2025, Senior Superintendent Nahum Muli requested that he report to the Kakamega Regional DCI headquarters on August 12 for inquiries into the alleged reckless operation of aircraft and negligent acts. The petition disputes the jurisdiction of police to investigate this aviation matter, noting that civil aviation authorities are the proper regulatory body.
The petition further criticises the police for making public accusations without any formal charges approved by the Director of Public Prosecutions (ODPP), describing this as a breach of prosecutorial independence and an abuse of power.
“This statement, made without any formal charges, lawful summons, or communication from the Office of the Director of Public Prosecutions (ODPP), is not only premature but also presumptive of guilt. It amounts to a public indictment of the petitioner outside due process, in total disregard of the presumption of innocence under Article 50(2) (a) of the Constitution,” court documents read.
Lawyer Edgar Busiega, certifying the application as urgent, stated in the affidavit that the police’s “harsh and unjustified language” during a press briefing on August 6 “prejudged culpability” and signals a malicious intent to harass Malala politically.
Busiega also observes: “The petitioner risks imminent arrest, unlawful detention, reputational damage, and violation of his fundamental rights unless this Honourable Court intervenes immediately.”
The court’s conservatory order now protects Malala and his associates from any form of arrest or harassment related to the incident until the substantive case is heard and determined.
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