By SHABAN MAKOKHA
September 29, 2026| The Lumakanda police chief accused of defiling a 16-year-old girl is set to appear in court this morning, with investigators expected to ask for more time to complete their probe and prosecutors weighing an unusual request to shield the minor and her family from the officer who allegedly threatened them.
The suspect, Chief Inspector Wycliffe Kwendo, has been in custody at Kakamega Police Station since his arrest on Sunday. He was expected to be arraigned Monday morning, though no formal charges had been filed as of the latest reports.
Prosecution to Seek More Time, Witness Protection
Sources familiar with the investigation say the investigating officer is prepared to ask the court for seven additional days to complete the inquiry before Kwendo is formally charged. The request would allow detectives from the Directorate of Criminal Investigations and the Independent Policing Oversight Authority to finalise forensic analysis and gather remaining evidence.
More significantly, the prosecution is considering an application to place the minor and potentially her parents in safe custody if the accused is released on bond. The concern stems from the allegation that Kwendo already threatened the girl’s mother with a firearm during the confrontation — conduct prosecutors fear could escalate if he is freed.
The officer allegedly brandished his weapon and threatened to shoot the mother unless she surrendered condoms she had picked up as evidence. He also allegedly confiscated the couple’s mobile phones before leaving KSh20,000 in cash — an apparent attempt to buy their silence.
The teenager was later found behind the house, lying on a pile of old iron sheets, described by family members as traumatised and abandoned.
What Sentence Awaits If Convicted
Under Kenya’s Sexual Offences Act, Section 8(1) as read with Section 8(4) , defilement of a child between the ages of sixteen and eighteen years carries a mandatory minimum sentence of fifteen years imprisonment.
The provision states explicitly: “A person who commits an offence of defilement with a child between the age of sixteen and eighteen years is liable upon conviction to imprisonment for a term of not less than fifteen years.”
The mandatory minimum means the sentencing court has no discretion to impose anything less than 15 years if a conviction is secured. Recent Court of Appeal decisions have affirmed that these statutory minimums are constitutional and binding on trial courts.
The court could impose a harsher sentence than 15 years, as the provision sets a floor rather than a ceiling. Aggravating factors — including the accused’s position of authority as a police officer, the use of a firearm to threaten witnesses, and the alleged abuse of official security information to gain access to the victim — could weigh heavily in sentencing.
The case remains under investigation, and Kwendo has not been convicted of any offence. He is presumed innocent unless proven guilty in court.