BREAKING: High Court Bars Police from Arresting Senator Malalah Over Chopper Landing at Mumias Sports Complex
Afrireport 
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.
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 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.
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The Mumias Sports Complex incident occurred in the presence of thousands of students, teachers, and spectators who had gathered for the KSSSA finals. Witnesses reported that the helicopter touched down briefly before Senator Malalah disembarked, sparking mixed reactions from the crowd.
Security agencies have not yet issued an official statement on the matter. However, sources within the police service indicate that preliminary investigations were initiated after complaints were lodged regarding possible violations of aviation and public safety regulations.
Political analysts note that the case could have broader implications for the upcoming Malava Constituency by-election, where Malalah’s party, DCP, is keen on asserting its influence. The legal battle could also serve as a litmus test for the relationship between political leaders and law enforcement agencies in the current political climate.
For now, Senator Malalah remains free from arrest, with the High Court’s orders offering him temporary relief as the case proceeds. All eyes will now turn to the August 20 hearing, where both sides are expected to vigorously defend their positions in a case that has merged legal, political, and public interest dimensions.
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