BREAKING: High Court Bars Police from Arresting Senator Malalah Over Chopper Landing at Mumias Sports Complex

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The High Court in Kakamega has issued conservatory orders restraining police officers from arresting or taking any action against Senator Cleophas Wakhungu Malalah over allegations related to the landing of a helicopter at Mumias Sports Complex during the Kenya Secondary Schools Sports Association (KSSSA) national finals.

The orders were granted this afternoon by Honourable Lady Justice Alice Chepngetich Soi following an urgent application filed by Malalah’s legal team, led by Wakili Edgar Busiega, who is also the Democracy for Citizens Party (DCP) Malava Constituency candidate in the forthcoming by-election.

In the petition, Senator Malalah sought protection from what he termed as harassment, intimidation, and politically motivated threats to his liberty. The allegations stem from an incident on August 2, 2025, when a helicopter allegedly associated with Malalah landed on the football pitch at Mumias Complex Stadium during the national school games.

**DCP party leader Rigathi Gachagua and his Deputy Party leader Honorable Cleophas Malalah. Photo Credit:**

According to the court’s directions, the police, including the Directorate of Criminal Investigations (DCI) officers, and any person acting under their instructions, are restrained from arresting, charging, prosecuting, harassing, or otherwise interfering with the freedom of Senator Malalah and his associates pending the hearing and determination of the matter.

“The Petitioner has demonstrated urgency, and the matter is hereby admitted for hearing during the court’s vacation,” Justice Soi ruled. She further directed that the petition and the supporting documents be served on the respondents, including the Inspector General of Police, the Attorney General, and other state agencies, by August 13, 2025, to allow them to file their responses within three working days.

The court scheduled the inter partes hearing for August 20, 2025, when all parties will present their arguments before a substantive ruling is delivered.

Malalah’s legal counsel, Busiega, welcomed the court’s intervention, stating that the orders were necessary to protect the constitutional rights of the Senator. “This is a victory for justice and due process. The court has reaffirmed that no Kenyan, regardless of political affiliation, should be subjected to arbitrary arrest or intimidation,” Busiega told reporters outside the Kakamega Law Courts.

***The rulling. Photo Credit: Malalah Media Team.***

The controversy surrounding the chopper landing has attracted significant public attention, with some critics accusing the Senator of breaching aviation safety regulations and disrupting the school games, while his supporters argue that the matter has been exaggerated for political reasons.

In his petition, Malalah denied any wrongdoing and claimed that the landing was properly coordinated and did not pose any danger to the students or the public. He further argued that the investigations and threats of arrest were aimed at tarnishing his political image, particularly ahead of the by-election campaigns.