Kassim Abdi Sebo, suspected to be the ‘chief goon’ in Homa Bay County, will remain in police custody for six days pending a comprehensive pre-bail report by the Probation Office.
Kisii Senior Resident Magistrate Caroline Cheruiyot on Tuesday ordered that Sebo be remanded at the Kisii GK Main Prison to allow the Probation Department to present the report in court.
Sebo was arraigned in court, where he pleaded not guilty to the offence of assault causing actual bodily harm.
He was charged with assaulting Maurice Auko at Homa Bay Bus Terminal in Homa Bay Township on July 9, 2026.
His advocate, Nyamweya Mogusu, made an application for the release of his client on bail terms, saying he had a right to bail or bond.
“An assault case, contrary to the propaganda relating to charges not before this court, is a bailable offence, and my client should be released on favourable bail and bond terms,” Mogusu urged the court.
He also alleged that his client had been assaulted while in police custody and required urgent medical attention.
However, the prosecutor, Vera Amolo, opposed the bail application, saying the accused person was a flight risk and was likely to interfere with the witnesses in the case.
According to Amolo, the suspect failed to appear before a Homabay court for plea taking after he was arrested and released on cash bail on the 9th of July.
“The accused person was to appear in court on the 4th of August for plea-taking but failed to do so, and the cash bail was forfeited to the state, and a warrant of arrest was issued,” she said.
The prosecution further argued that the suspect was likely to interfere with witnesses, thereby derailing the conclusion of the case if released on bond or bail.
In his client’s defence, Mogusu told the Court that Sebo had no intention to flee, the reason being that he was arrested at his business premise, which was 50 metres from the Homabay Police Station.
He claimed the date of plea-taking had been extended to allow the police to conclude their investigations, and he had sought an extension of his client’s bond terms.
Magistrate Cheruiyot ruled that the court was satisfied with the evidence demonstrating that the accused previously failed to attend court when required.
On the allegation of interference of witnesses, the Court heard no witness statements, complaint reports or other evidence had been produced by the prosecution to demonstrate any attempts to influence the said witnesses.
“A mere prevention without more evidence does not constitute compelling reasons, and I therefore find the ground for witness interference has not been sufficiently established,” noted the magistrate.
Consequently, Cheruiyot directed the Probation Department to prepare and file a comprehensive pre-bail report addressing, among other issues, the accused’s place of abode, family, community ties, likelihood of attending court and the views of the complainant and the local administration.
“In the interim and bearing in mind the prosecution’s concern regarding the accused’s attendance as well as the constitutional right to liberty, the question of bond terms shall remain in abeyance pending the consideration of the pre-bail report and the documents the accused intends to file,” she ruled.
The court further directed the accused to file and serve any documentary evidence of the alleged extension of the police bond terms, including the receipt alleged to have been issued following the said extension.
The magistrate also ordered for the suspect to receive treatment from a private doctor and a doctor from the Kisii Teaching and Referral Hospital, and the medical report to be availed in court.
The case is set to be mentioned on Monday, October 19, 2026 for further directions.
By Mercy Osongo
