Lumakanda Police Station OCS Chief Inspector Wycliff Kwendo has denied two counts relating to the alleged defilement of a 14-year-old girl and abuse of his position of authority.
Kwendo appeared before Kakamega Senior Resident Magistrate Dorcas Mac’Andere on Wednesday, where the charges were read to him.
The prosecution alleges that the police officer took advantage of his position as the Officer Commanding Lumakanda Police Station and engaged in sexual intercourse with the minor.
Kwendo denied the allegations.
The prosecution, led by Ian Makotsi, opposed his release on bail, arguing that there were compelling reasons to keep him in custody as investigations continued.
Makotsi told the court that the accused's former position as OCS gave him access to police officers and other persons who could be witnesses in the case, raising concerns about possible interference.
“The accused person was once the OCS of the police station. Evidently, that is a position of authority,” the prosecution submitted.
The State further argued that investigations had not been concluded and that releasing Kwendo could compromise evidence and witnesses.
The prosecution also told the court that the accused's residence had become part of the investigation and that investigators were yet to complete some processes, including DNA sampling.
The State relied on Article 49(1)(h) of the Constitution in addressing the accused's right to bail, while arguing that the circumstances of the case provided grounds for the court to restrict his liberty pending further investigations.
The defence, led by lawyer Innocent Ondieki, urged the court to release Kwendo on bond, arguing that his constitutional right to bail should be upheld.
Ondieki maintained that investigations against his client had substantially been completed and challenged the State's argument that the accused posed a risk to the integrity of the investigation.
The defence also questioned whether there was any evidence that residents in the area posed a threat to Kwendo if he were released.
A significant part of the defence submissions centred on the collection of DNA samples from the accused.
Ondieki argued that the court had not specifically been asked to order that Kwendo be escorted for DNA sampling.
“There was no prayer for escorting the suspect for DNA sampling,” the lawyer told the court.
He further alleged that the accused had been taken to a forensic facility and subjected to DNA sampling without the proper legal procedure being followed.
The defence argued that the samples could therefore have been obtained in contravention of the law and asked the court to examine how the order used to facilitate the process was obtained.
The court said it would address the issue surrounding the DNA order at the next mention.
The case stems from allegations made by the family of the 14-year-old girl in Kambi Moto, Kipkaren River.
The girl's father, told journalists that he received a late-night call from the OCS, who allegedly informed him that police were conducting a night operation.
“He called me at night and told me that there was an operation taking place at night. He told me that we should not sleep at home because we could be arrested.”
He said together with his wife subsequently left their home but later returned.
He alleges that they found the house locked and, after the girl opened the door, discovered the police officer inside.
A neighbour, Julia Andia, also described what the family allegedly found when they returned.
“When we arrived, we found the house locked. The girl opened the door and ran away. We found that OCS there, on the table were used condoms.”
The family reported the matter to police, leading to Kwendo's arrest and subsequent arraignment.
The prosecution has asked the court to consider the nature of the charges, the accused's position of authority, the potential risk of witness interference and the status of investigations in determining the bond application.
The defence has maintained that Kwendo is entitled to bail and that there are no sufficient grounds to justify his continued detention.
The court ordered Kwendo to remain in custody pending the ruling.
Senior Resident Magistrate Dorcas Mac’Andere is expected to rule on Thursday on whether the accused will be released on bond or remain in custody.
Kwendo remains innocent unless and until proven guilty by a court of law.
