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 in which he is charged with defiling a 14-year-old child. Kwendo appeared before the Kakamega Law Courts, where he 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.
Wycliffe Kwendo appearing in kakamega law court
Though he pleaded not guilty to all the charges. Prosecution Counsel Ian Makotsi opposed his release, citing what he described as compelling reasons. He argued that Kwendo’s position as a police officer 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 reside within the accused’s area of command, a factor the prosecution said heightened the risk of interference if he were released.
In her ruling, Senior Resident Magistrate Dorcas Mac’andere acknowledged that the right to bail is constitutionally guaranteed but may be limited where compelling reasons are demonstrated. The magistrate said she was satisfied that there was a real and substantial risk of witness interference. She 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 before the court.
The court further held that even 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 be mentioned on 15th October this year for pre-trial directions and to confirm compliance with the court’s orders.