KAKAMEGA, Kenya – The High Court in Kakamega has temporarily stopped the arrest or prosecution of Deputy Party Leader of the Democratic Congress Party (DCP) Cleophas Malala over a controversial helicopter landing at Mumias Complex Stadium during a high school football match.
Lady Justice Alice Bett issued the interim conservatory order on Monday, restraining 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 taking any action against Malala or his associates in connection with the August 2 incident.
The order, which covers all actions related to the landing, will remain in force until the matter is heard and determined.
The court has directed that the petition and application be served on all respondents by the close of business on August 13, with three working days allowed for their responses. The case will be heard on August 20.
Malala’s lawyer, Edgar Busiega, told the court that the former Kakamega senator was merely a passenger and had no role in piloting or directing the landing.
He argued that any investigation into the matter should fall under civil aviation authorities, not the police.
The petition also claims that the summons issued to Malala lacked sufficient detail, violating due process, and that public statements by senior officials suggested a prejudgment of the case.
Western Region Police Commander Issa Muhamud previously alleged that the helicopter’s landing endangered lives, disrupted a national school event, and could have triggered a stampede.
He said Malala and the pilot would be charged with offences including endangering public safety, creating a public nuisance, trespass, and violating aviation regulations.
“This was not an emergency landing or an accident,” Muhamud said last week. “It was a clear violation of civil aviation rules, the Basic Education Act, and children’s safety guidelines.”
Police say the helicopter’s unapproved arrival caused panic among students and teachers attending the tournament, raising concerns about security protocols at public events.
The High Court’s intervention now pauses the legal process as the two sides prepare for a full hearing later this month.
