The Officer Commanding Station (OCS) at Lumakanda Police Station, Wycliffe Kwendo, has been denied bail after the court found a real and substantial risk that he could interfere with witnesses in a case in which he is accused of defiling a 14-year-old child.
Kwendo appeared before the Kakamega Law Courts, where he faces a main charge of defilement, an alternative charge of committing an indecent act with a child, and a separate charge of abuse of a position of authority. He pleaded not guilty to all the charges.
The prosecution, led by Prosecution Counsel Ian Makotsi, opposed his release on bail, citing compelling reasons, including his position as a serving police officer and the potential influence he could exert over witnesses.
The prosecution further told the court that Kwendo allegedly threatened witnesses with a firearm during his arrest. It was also submitted that the complainant and other witnesses live within the accused's area of command, raising concerns about possible interference if he were released.
In her ruling, Senior Resident Magistrate Dorcas O. Mac'andere acknowledged that the right to bail is constitutionally guaranteed but noted that it can be limited where compelling reasons are demonstrated.
The magistrate said she was satisfied that there was a real and substantial risk of witness interference, taking into account Kwendo's position of authority, the vulnerability of the child complainant, the fact that witnesses reside within his area of command and the allegation that he threatened witnesses with a firearm.
The court noted that the allegation had not been rebutted by evidence and found that even stringent bail conditions would not adequately protect the complainant or safeguard the integrity of the proceedings.
Kwendo will remain in custody at Kakamega GK Prison pending the hearing and determination of the case.
The matter will be mentioned on October 15, 2026, for pre-trial directions and to confirm compliance with the court's orders.
