A Kakamega court has denied bail to Lumakanda Police Station OCS Wycliffe Kwendo, who is accused of defiling a 14-year-old child.
The court found a real and substantial risk that Kwendo could interfere with witnesses if released.
At the Kakamega Law Courts, Kwendo 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 Kwendo’s position as a police officer, which the prosecution said placed him in a position to interfere with witnesses.
The prosecution further told the court that Kwendo allegedly threatened witnesses with a firearm during his arrest. The court also heard that the complainant and other witnesses live within his area of command, raising concerns about possible interference if he were released.
In her ruling, Senior Resident Magistrate Dorcas O. Mac’andere said the constitutional right to bail may be limited where the prosecution demonstrates compelling reasons.
“I am satisfied that there is a real and substantial risk of witness interference,” the magistrate ruled.
The court cited Kwendo’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 had not been rebutted by evidence.
The court further found that 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 come up for mention on October 15, 2026, for pre-trial directions and to confirm compliance with the court’s orders.