The High Court has blocked the Directorate of Criminal Investigations (DCI) from arresting former Kakamega Senator and Democracy for Citizens Party (DCP) deputy party leader Cleophas Malala over the chaos that marred his homecoming event in Kakamega last weekend.

Justice Diana Kavedza, sitting at the High Court in Kibera, issued the anticipatory bail orders on Wednesday, following an application filed by Malala.

The politician argued that he feared an imminent and unlawful arrest by detectives, which would infringe on his constitutional rights.

The court granted Malala anticipatory bail of Sh100,000 pending investigations into the chaos, and directed that Malala's lawyer must present him at the DCI headquarters for interrogation and questioning within five days, and no later than June 3, 2025.

"The applicant's advocates are further directed to escort Malala to the offices of DCI for questioning and or interrogation within five days from the date hereof and not later than June 3, 2025," Justice Kavedza ordered.

He is also required to cooperate with investigators during any ongoing inquiries.

Should the police conclude their investigations and the Director of Public Prosecutions (DPP) decide to charge Malala, the court ordered that he must not be arrested, but instead be informed of the court where he will take plea.

“Upon the conclusion of investigations, and if a decision to charge the applicant has been made, the respondents (DPP and DCI) shall not arrest or detain Malala but he shall be informed of the court where he is to appear for plea taking,” the judge directed.

The judge clarified that both the DCI and DPP are at liberty to proceed with investigations or bring charges against Malala, but must refrain from arresting or detaining him until further orders are issued. However, if Malala is eventually charged, the anticipatory bail protection will lapse, and it will be up to the trial court to decide whether to grant bail.

The orders followed Malala's claims that police planned to arrest him on Friday, May 30, just before the Madaraka Day weekend, in what he termed a politically motivated move to keep him in custody over the public holiday. He stated he had received information on the plans to arrest him for hosting his Democracy for Citizens Party leaders at his homecoming party in Kakamega last week.

The event was marred by tear gas 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 (Kiambu), among other leaders and party officials.

In his application for anticipatory bail, Malala said 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.

Police in Kakamega on May 27, 2025, gave Malala 72 hours to report to the Western Regional Police Headquarters without fail.

Speaking to the press in his office, Western Regional Police Commander Issa Mohamud said the former senator must present himself to his office to record a statement regarding the chaos that disrupted the party’s political rally in Kakamega on Saturday.

“Malala should report to my office any time from now. We expected him on Monday to record a statement regarding Saturday’s incident, but he did not show up. The file is in progress, and he must comply within the next 72 hours. If he fails, we will arrest him wherever he is in Kenya,” said Mohamud.

The regional police boss stated that the DCP’s Deputy Party Leader did not notify police of the Saturday political rally and procession.

“The law is very clear—police do not issue permits for meetings, but anyone intending to hold a political rally, gathering, or procession must notify the police at least three days in advance. This is to ensure the maintenance of law and order, which he contravened,” said Mohamud.

He added that the file concerning the former senator is complete, and he will be charged with causing public disorder and careless driving.

“He (Malala) caused public disorder in town, and we are pursuing him. He will be arraigned under the Public Order Act, Cap 56, for causing public disturbance,” said Mohamud.

He further stated, “Malala’s vehicle was flouting traffic rules. It was being driven on the wrong side of the road, causing obstruction, and was operated carelessly, endangering the lives of other road users. Police were forced to stop the vehicle.”

During the chaotic incident, the former lawmaker’s driver was arrested for careless driving. The vehicle was intercepted, and the driver is currently being detained at Kakamega Central Police Station.

On Saturday, May 24, business in Kakamega town was paralysed for the better part of the day after supporters of DCP clashed with police. The trouble started at 11 am when Deputy Party Leader Malala and Nyandarua Senator John Methu arrived to a warm reception by youths at Amalemba.