Lumakanda OCS Wycliffe Kwendo has been denied bail after the court in Kakamega found a real and substantial risk that he could interfere with witnesses in a case in which he is charged with defiling a 14-year-old child.
Kwendo appeared at 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.
Prosecution Counsel Ian Makotsi opposed his release, citing compelling reasons. He argued that the accused’s position as a police officer put him in a position to interfere with witnesses.
The prosecution also told the court that Kwendo allegedly threatened witnesses with a firearm during his arrest. The court further heard that the complainant and other witnesses live within the accused’s area of command, which heightened the risk of interference if he were released.
In her ruling, Senior Resident Magistrate Dorcas Mac’andere reaffirmed that the right to bail is constitutionally guaranteed but may be limited where the prosecution demonstrates compelling reasons.
She said she was satisfied that a real and substantial risk of witness interference existed, citing the accused’s position of authority, the vulnerability of the child complainant, the fact that the complainant and witnesses live within his area of command, and the allegation that he threatened witnesses with a firearm, which was not rebutted by evidence.
The magistrate further held that even stringent bail conditions would not adequately protect the child 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.
