Cat-and-mouse games as lawmakers seek to avoid arrest

Three senators were yesterday picked up by police in a day characterised by drama, as their colleagues met for the ninth time to attempt to unlock a deadlock on a revenue-sharing formula.

Senators Cleophas Malala (Kakamega), Steve Lelegwe (Samburu) and Christopher Langat (Bomet) were later driven to their respective counties for questioning.

Nearly a dozen policemen were mobilised Sunday evening before they pitched camp outside the politicians’ homes in the early hours of the morning.

A group of senators rushed to Mr Langat’s house in Nyayo Embakasi, where they kept vigil for a few hours. Langat later surrendered and was driven away together with his lawyer Nelson Havi - who is the president of the Law Society of Kenya - to the Embakasi Police Station, Runda and finally to Bomet County.

Mr Havi said Langat was later released after recording a statement. The senator is alleged to have administered an oath to 200 Kipsigis men on August 12 to kill Maasais at a future date.

Mr Lelegwe’s colleagues said he was arrested on his way home and driven to Samburu for questioning.

Mr Malala (pictured) said policemen arrived at his Kitengela home at 3am. He remained holed up until yesterday afternoon when he emerged and was whisked away. This was despite attempts by about a dozen senators to block his arrest.

Senators Johnson Sakaja, Ledama ole Kina and Mutula Kilonzo Jnr had managed to get Malala into one of their vehicles, but police blocked the exit.

There was a standoff between the officers and senators before both parties agreed to accompany Malala to the Directorate of Criminal Investigations (DCI) headquarters.

Before his arrest, Malala had accused the police of cutting off his utilities, adding that his family was traumatised by the ordeal. “From 3am to around 10am they disconnected power and I was in darkness. They also disconnected the water. It is unfortunate that the police can go this low.”

Malala termed his arrest a witch-hunt over his views on the revenue allocation formula. “No amount of intimidation will make me change my stand on the revenue sharing Bill. The Senate must be respected and the same extended to senators.”

Speaking to the media earlier, from his balcony, Malala said the officers claimed they were from the DCI but declined to show any identification, only saying they were acting on orders from above.

Malala was said to have been driven to Mumias for questioning on several claims, including flouting Covid-19 pandemic rules.

Elgeyo Marakwet 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.

He vowed that they would not allow Senate proceedings to continue if their colleagues were arrested.

“The Senate will not proceed this morning unless they produce Senator Malala and Senator Langat. This is no longer about money; it’s about our lives!” he said.

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.

“We are saying that even if they intimidate us to whatever levels, we shall stand for the rights of Kenyans. We want to be on the great side of history. We must have a win-win formula for this country,” said Murkomen.

Head of Special Crimes Unit Pius Gitari said they wanted to talk to the senators over crimes they were alleged to have committed in their counties.

“We helped the officers on the ground to get the senators for questioning. Obviously there are complaints and we will know more,” said Mr Gitari.

Sources claimed that a plan to arrest at least five senators was mooted last week. The plot leaked at the weekend when a senior government official called at least four lawyers and asked them to be on standby to represent the targeted lawmakers.

Amani National Congress leader Musalia Mudavadi criticised the senators’ arrest and accused the Executive of attacking Parliament.

“The arrest of senators to prevent them from attending to their duty in Parliament to vote for or against Motions on county revenue sharing is very unfortunate. It’s a throwback to dark days we thought are behind us,” he said.