Willis Otieno says only aviation regulators can handle Malala chopper incident
By Steve Ireri, August 5, 2025Lawyer and political analyst Willis Otieno has faulted the decision to summon Cleophas Malala over his recent helicopter landing at the Mumias Sports Complex Stadium, insisting that the matter falls strictly under the jurisdiction of aviation regulators.
Otieno was responding to reports that Malala, who currently serves as the deputy party leader of the Democracy for Citizens Party (DCP), had been summoned to appear before the Regional Criminal Investigations Officer (RCIO) in Kakamega.
This followed a statement by Western Region Police Commander Issa Mahamoud, on Tuesday, August 5, 2025, who said Malala’s chopper landed recklessly on a school field during the national secondary school games, without any prior notice or coordination.
Mahamoud insisted that the incident endangered lives and was executed solely for political glorification.
“It was not an emergency landing, and it was not an accident. It was reckless, self-serving publicity orchestrated by a known politician, Cleophas Malala, who sought nothing other than political mileage and personal glorification at the expense of the safety and well-being of our children and our citizens,” Mahamoud said.
But Otieno, in a strongly worded rebuttal shared on his X account on Tuesday, August 5, 2025, warned that authorities were overstepping their legal mandate and criminalising what should ordinarily be handled through administrative and regulatory procedures.
He argued that unless there is clear evidence of criminal intent, such as sabotage or deliberate endangerment, the matter lies squarely with the Kenya Civil Aviation Authority (KCAA), not the Directorate of Criminal Investigations (DCI).
“I do not support the guy. But this is a textbook example of institutional overreach. Landing a helicopter in an unauthorised location like a school stadium during a public event is a civil aviation regulatory matter, not a criminal investigation, unless there is evidence of clear criminal intent, like endangerment or sabotage.”
Otieno added that such landings may indeed breach aviation protocols, but violations of that nature are typically addressed through fines, licence reviews, or pilot suspensions, not police summonses or criminal charges.
“What we are seeing is a blurring of lines between regulatory enforcement and criminal prosecution. The proper authority to handle this is the KCAA. If they review the incident and determine that protocol was breached, then they are empowered to take appropriate regulatory action. But the DCI has no business jumping in unless KCAA has first flagged it as a violation with criminal implications.”
Otieno further warned that the weaponisation of law enforcement against political figures, even when they act irresponsibly, undermines the rule of law and creates an atmosphere where investigations appear selective and politically motivated.
He maintained that while Malala may have acted recklessly by choosing to land in an unauthorised area, the incident should not be inflated into a criminal matter unless regulators themselves escalate it through proper procedural channels.
“It is dangerous to start treating every mistake by a politician as a criminal offence. There are regulatory systems in place for a reason. Let them work,” he said.