By SHABAN MAKOKHA
October 1, 2026|The prosecution on Thursday successfully argued its case to deny bond to the Officer Commanding Station (OCS) of Lumakanda Police Station, Wycliffe Kwendo, who is facing defilement charges involving a 14-year-old girl in Kakamega County.
Appearing before Senior Resident Magistrate Dorcas Mac’andere at approximately 10:30 am, the prosecution, led by DPP counsels Ian Makotsi and Prudence Lelei, urged the court to keep the officer in custody until the minor testifies. They argued that the officer, being an influential figure in society, could interfere with witnesses if released on bond.
The prosecution further told the court it would fast-track the case to allow the minor to focus on her academics, and confirmed that both the prosecution and defence were ready to proceed once files and witnesses were in order.
Defence lawyer Innocent Ondieki had argued that his client was not a flight risk, noting that as a public figure, the officer understood the legal process and would appear in court as required. He maintained that bond and bail were constitutional rights and described his client as an accused person of reputable standing who had diligently served as an officer.
The court, however, bought the prosecution’s argument, denying the officer his freedom pending trial.
Kwendo faces a principal charge of defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act No. 3 of 2006. If found guilty, he risks a minimum sentence of 20 years imprisonment.
He also faces an alternative charge of committing an indecent act with a child contrary to Section 11(1) of the Act, which carries a minimum sentence of 10 years upon conviction.
A further charge accuses him of abuse of a position of authority contrary to Section 24(2) of the Sexual Offences Act, which also attracts a minimum of 10 years imprisonment upon conviction.
The alleged offences are said to have occurred between September 24 and 27, 2026, in Lumakanda.
The court previously remanded the accused until October 1, 2026, pending determination of the bond terms. The matter returns to court for further directions.
It remains unclear why the girl’s age was initially placed at 16 years but has since been established to be 14 after her birth certificate was introduced in court documents seen by Mulembe Times News.
The allegations have not been tested in a full trial, and the accused remains presumed innocent unless and until proved guilty by the courts.