Willis Otieno, Alai clash over Malala’s chopper landing incident at centre of pitch during games
By David Nthua, August 6, 2025Constitutional lawyer Willis Otieno and Kileleshwa Member of County Assembly Robert Alai have sharply differed after the Directorate of Criminal Investigations (DCI) summoned DCP Deputy Party Leader Cleophas Malala for landing a helicopter at the centre of a school stadium during ongoing games in Kakamega.
Taking to his X handle on Wednesday, August 6, 2025, Otieno argued that the incident fell squarely under the Kenya Civil Aviation Authority’s (KCAA) regulatory mandate, not the DCI’s criminal jurisdiction.
Otieno faults DCI
Otieno said the KCAA, a statutory regulator established under the Civil Aviation Act, holds the legal authority to license, monitor, and penalise violations within Kenya’s aviation sector.
He dismissed the idea that airspace enforcement required police intervention.
“Airspace isn’t policed like a nightclub,” he said.
“Asking if KCAA needs police to enforce aviation rules is like asking if Safaricom needs GSU to block your SIM,” he wrote.
He stressed that civil aviation breaches, such as an unauthorised landing, should be addressed through regulatory sanctions rather than criminal investigations unless there is evidence of deliberate endangerment or sabotage.
“When you understand how regulatory frameworks work, you stop shouting and start reading the law. Try it,” he added.
Alai insists on criminal oversight
Alai, however, countered that the only recognised criminal law enforcement service is the police and argued that the KCAA should have its police unit to arrest aviation law violators.
He suggested that without a direct enforcement arm, aviation breaches could go unpunished.
“The only criminal law enforcement service is the police. KCAA should have their own police to arrest violators?” he posed.
Otieno maintained that this case was a “textbook example of institutional overreach”, noting that the proper role of the DCI did not include issuing air safety sanctions, investigating flight plan breaches, or enforcing airspace regulations.
Instead, he said, such powers rested solely with the KCAA, which could impose penalties or revoke licences as needed.