KAKAMEGA, Kenya — Lumakanda Police Station Officer Commanding Station (OCS) Wycliffe Kwendo has been denied bail after the court found a real and substantial risk that he could interfere with witnesses in a case involving the alleged defilement of a 14-year-old child.
Kwendo is facing 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.
Court Cites Witness Interference Risk
At the Kakamega Law Courts, prosecution counsel Ian Makotsi opposed the accused’s release on bail, citing what the prosecution described as compelling reasons.
The prosecution argued that Kwendo’s position as a police officer placed him in a position of authority that could enable him to interfere with witnesses.
The court was also told that the accused allegedly threatened witnesses with a firearm during his arrest.
Prosecutors further submitted that the complainant and other witnesses live within Kwendo’s area of command, increasing the potential risk of interference if he were released.
Court Rules On Bail
Senior Resident Magistrate Dorcas O. Mac’andere said the Constitution guarantees the right to bail but allows that right to be limited where compelling reasons are demonstrated.
The magistrate found 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 and the fact that the complainant and other witnesses reside within his area of command.
The court also considered the allegation that Kwendo threatened witnesses with a firearm, noting that the claim had not been rebutted by evidence presented before the court.
The magistrate further ruled that stringent bail conditions would not sufficiently protect the child complainant or safeguard the integrity of the proceedings.
OCS To Remain In Custody
Kwendo will remain in custody at Kakamega GK Prison pending the hearing and determination of the case.
The matter will return to court on October 15, 2026, for pre-trial directions and to confirm compliance with the court’s orders.
