Senator Malala Freed

Kakamega Senator Cleophas Malala was released on Tuesday morning with the Director of Public Prosecutions saying there was no case for him to answer.

The senator was released at around 9am, having spent the night at the police station where he protested the filthy state of the holding cells that had not been sanitized.

The president of the Law Society of Kenya, who doubles as his lawyer Nelson Havi, termed Malala’s arrest as malicious having checked that there were no charges preferred against him.

“There is malice in the actions against Senator Malala and the two other senators (Steve Lelegwe (Samburu) and Bomet’s Christopher Langat). It is a politically instigated arrest,” Havi told journalists outside Mumias Police Station.

Malala was picked at his Kitengela residence and brought to Mumias town for allegedly breaking Covid-19 regulations. According to a charge sheet doing rounds on social media, Malala was set to face charges of engaging in prohibited gathering contrary to rule 7 (1) as read with rule 11 of public health (Covid-19 restriction of movement of persons and related measures) rule 2020.

 The DPP directed that Malala be released as there was no valid charge against the senator. Upon The senators’ release the Kakamega senator said the arrest was only meant to quarantine him from his stand on the stalemate around revenue sharing formula that has generated hot air in the senate.

 “I’ll not be part of the leadership that takes decision to take away money from the less fortunate counties like Turkana, Marsabit and Tana River and take them to Mt. Kenya. I will not accept that,” he said, adding that no intimidation of any kind will change his position on the matter.

He was among two other senators who were yesterday arrested in a day full of drama, as their colleagues were meeting for the ninth time in an attempt to unlock a deadlock on a revenue-sharing formula.

Amani National Congress leader Musalia Mudavadi accused the Executive of blocking them from attending to their duty in Parliament to vote for or against Motions on county revenue. He said that was very unfortunate and saw it as a throwback to dark days he thought was behind the country.

Senator Kipchumba Murkomen said senators were being targeted for their opposition to a formula proposed by the Commission on Revenue Allocation (CRA) on how counties will share billions of shillings in revenue vowing that they would not allow Senate proceedings to continue if their colleagues were arrested.

“The matter was brought before the Senate floor, forcing Speaker Ken Lusaka to adjourn the session to 2.30pm, as the Security Committee sought to establish the whereabouts of the three colleagues.

And on Tuesday morning, protests rocked Mumias town with Malala’s supporters demanding for his release.

All roads leading to Mumias Law Courts were barricaded by youth demanding the release of the Kakamega Senator.