Court Issues Ruling on Bail for Lumakanda OCS in Defilement Case

The Officer Commanding Station (OCS) at Lumakanda Police Station, Wycliffe Kwendo, will remain in custody after a court denied him bail in a case involving the alleged defilement of a 14-year-old child.

In a statement on Friday, October 2, the Office of the Director of Public Prosecutions (ODPP) said the court found that there was a real and substantial risk that Kwendo could interfere with witnesses if released on bail. 

The prosecution had opposed his release, citing compelling reasons linked to his position as a police officer and his alleged ability to influence witnesses.

At the Kakamega Law Courts, Kwendo faces charges relating to the alleged sexual offence against the child, as well as a separate charge concerning abuse of a position of authority. He denied all the charges.

"At the Kakamega Law Courts, the accused 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 the charges," the statement read.

According to the ODPP, the prosecution told the court that Kwendo's position as a police officer placed him in a position of authority over the area where the complainant and other witnesses reside. 

Prosecutors argued that this could expose the witnesses to interference if he were released.

"Further, prosecution told court that the accused allegedly threatened witnesses with a firearm during his arrest. The court also heard that the complainant and other witnesses reside within the accused's area of command, creating a heightened risk of interference if he were released," the statement added.

Senior Resident Magistrate Dorcas Mac'andere considered the prosecution's arguments and found that the circumstances presented a substantial risk to the witnesses and the integrity of the proceedings.

"In its determination, the court reaffirmed that the right to bail is constitutionally guaranteed but may be limited where the prosecution demonstrates compelling reasons," the statement further read.

The ODPP said the magistrate was satisfied that the accused's position of authority, the vulnerability of the child complainant and the location of the complainant and witnesses within his area of command increased the risk of interference. 

The court also considered the allegation that Kwendo had threatened witnesses with a firearm, noting that the allegation had not been rebutted by evidence.

According to the ODPP, the court further determined that imposing conditions on his release would not sufficiently address the concerns raised by the prosecution or protect the child complainant during the proceedings.

"The court further held that stringent bail conditions would not adequately protect the child complainant or safeguard the integrity of the proceedings," the statement noted.

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 orders issued by the court.

This development comes months after a 34-year-old man was sentenced to 40 years in jail after being found guilty of defiling an 8-year-old girl.

In a statement issued on Friday, June 26, the ODPP said the sentence was handed down by Mombasa Senior Resident Magistrate David Odhiambo after the prosecution proved the case beyond a reasonable doubt.

The accused was charged with defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act of 2006.

He was also charged with committing an indecent act with a child contrary to Section 11(1) of the Sexual Offences Act.

“Mombasa Senior Resident Magistrate David Odhiambo ruled that prosecution had proved the case beyond reasonable doubt and dismissed the accused person’s defence as incapable of dislodging the evidence presented in court,” read the statement in part. 

According to the ODPP, the convict committed the offenses on diverse dates between July 1, 2023, and September 12, 2024, at the Café area in Likoni sub-county within Mombasa County.

The accused denied the charge during the trial, prompting the prosecution to call six witnesses to testify.

“The minor told the court the accused would take her to his house and defile her repeatedly while her young brother remained outside. She said he also took her to a bushy area and assaulted her on several occasions,” ODPP stated. 

The minor also testified that the accused gave her sweets and threatened to harm her if she disclosed the incidents to anyone.

The ODPP noted that the matter came to light after a neighbor informed the girl’s mother who also testified before the court. 

"She said her son had also told her that the accused would give him a bicycle to ride before taking the girl into his house," the statement read. 

In his defence, the accused denied the allegations and told the court he had never committed such an offence.

However, he admitted knowing the complainant because they were neighbors and that he occasionally gave her brother a bicycle to ride.

Magistrate Odhiambo found that the accused had taken advantage of the child’s innocence and defiled her and slapped him with a 40-year jail term.