DCI officers have arrested Evans Balala, a close ally of Manyatta MP Gitonga Mukunji, in direct defiance of a High Court order issued by the Embu Law Court on July 21, 2025. The court had explicitly barred the DCI from arresting Balala, instead directing that he present himself at the nearest police station accompanied by his lawyer, should the need arise.
The orders were issued by Hon. Justice R. Mwongo under case number HCCRMISCAPPL/E205/2025 and made it clear that any arrest must follow due process, including seeking a warrant and presenting him before the court for further directions.
Despite these clear directives, Balala was arrested on Saturday while having a meal with friends at a local hotel in Gachoka, Mbeere South. He was swiftly taken into custody and is currently being held at the DCI Eastern Region headquarters in Mugoya, where he is reportedly being processed ahead of a court appearance expected on Monday.
The High Court order, which was based on a certificate of urgency filed on July 17, 2025, directed that Balala shall not be placed in custody for any of the matters outlined in his supporting affidavit and that his self-presentation shall be deemed as being in good faith. It further warned that disobedience of the order would result in penal consequences. Despite the explicit warning, the arrest was carried out without any indication of a warrant being sought, as mandated by the court.
Balala’s arrest has sparked political uproar, with observers linking the move to a broader crackdown on allies of former Deputy President Rigathi Gachagua, who now leads the opposition-leaning Democratic Change Party (DCP). Gitonga Mukunji, to whom Balala is closely tied, was himself arrested earlier this month during the Saba Saba protests in Embu. He was accused of incitement and suspected involvement in organizing unlawful demonstrations. The DCI’s request to hold Mukunji for 14 more days was later dismissed by the Kahawa Law Courts due to lack of sufficient grounds.
The Balala arrest echoes similar concerns raised by Nyandarua Senator John Methu, who recently claimed he narrowly escaped arrest in Kakamega. Methu, also a known Gachagua supporter, has accused President William Ruto’s administration of using law enforcement to suppress dissent. He described the attempted arrest as politically motivated and warned of a growing pattern of intimidation targeting opposition figures.
Legal experts and civil society groups have condemned the arrest of Balala as a violation of court orders and a dangerous affront to the rule of law.
A constitutional lawyer interviewed by Channel 15 News termed the act as contempt of court and urged the judiciary to take firm action against officers responsible for disobeying lawful orders. The lawyer warned that failure to do so would erode public confidence in the justice system and set a troubling precedent for future political repression.
Lawyers representing Balala are reportedly preparing to file contempt proceedings against the DCI officers involved, while Gachagua-allied lawmakers are said to be drafting a parliamentary motion to summon Interior CS Kipchumba Murkomen and Inspector General of Police Japhet Koome to explain the increasing disregard for court orders.
As Balala awaits his court appearance, pressure is mounting on state institutions to uphold the rule of law and respect judicial independence, especially in politically sensitive matters. The arrest, seen by many as part of an orchestrated clampdown on Gachagua’s loyalists, is expected to intensify the already growing rift between the Executive and Opposition-aligned forces as Kenya edges closer to the 2027 General Elections.
Attached to this report is the full court order issued by Justice R. Mwongo, which clearly outlines the conditions under which Balala was to be handled legally. Its violation now sets the stage for a legal and political battle that could have far-reaching implications on the sanctity of judicial authority and civil liberties in the country.
