The Officer Commanding Station (OCS) at Lumakanda Police Station, Wycliffe Kwendo, will remain in custody after a Kakamega court declined to release him on bail in a case involving the alleged defilement of a 14-year-old child.
Kwendo faces a charge of defilement, an alternative count of committing an indecent act with a child, and a separate charge of abuse of a position of authority. He denied all the allegations when he appeared before the court.
The prosecution, led by Counsel Ian Makotsi, opposed his release, arguing that his position as a police officer gave him access to and influence over potential witnesses. The prosecution further alleged that Kwendo threatened witnesses with a firearm during his arrest. The court was also told that the complainant and other witnesses live within the area under his command, raising concerns that he could interfere with them if granted bail.
Senior Resident Magistrate Dorcas O. Mac’andere said the Constitution provides for the right to bail but allows the court to restrict that right where compelling reasons are demonstrated. In her ruling, the magistrate found that there was a real and substantial possibility of witness interference, taking into account Kwendo’s position of authority, the vulnerability of the child complainant and the fact that witnesses reside within his area of command.
The court also considered the allegation that he had threatened witnesses with a firearm, noting that the claim had not been rebutted through evidence presented before the court. Magistrate Mac’andere further determined that imposing strict bail conditions would not sufficiently protect the complainant or preserve the integrity of the trial. Thus Kwendo will remain at Kakamega GK Prison as the case proceeds.
The matter will be mentioned on October 15, 2026, for pre-trial directions and to confirm compliance with the court’s orders.
