The Officer Commanding Station (OCS) at Lumakanda Police Station, Wycliffe Kwendo, has been denied bail after a Kakamega court found a real and substantial risk that he could interfere with witnesses in a case involving 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.
Prosecution Counsel Ian Makotsi opposed his release, arguing that Kwendo’s position as a police officer gave him access and authority that could be used to interfere with witnesses.
The prosecution also told the court that Kwendo allegedly threatened witnesses with a firearm during his arrest.
The court heard that the complainant and other witnesses live within the officer’s area of command, further raising concerns about potential interference.
In her ruling, Senior Resident Magistrate Dorcas O. Mac’andere said the constitutional right to bail can be limited where compelling reasons are demonstrated.
The magistrate found that the prosecution had established a real and substantial risk of witness interference, citing Kwendo’s position of authority, the vulnerability of the child complainant and the location of the witnesses within his area of command.
The court also considered the allegation that he had threatened witnesses with a firearm, which had not been rebutted by evidence presented before the court.
The magistrate further ruled that imposing 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 return to court on October 15, 2026, for pre-trial directions and to confirm compliance with the court’s orders.
Kwendo remains presumed innocent unless and until proven guilty.
