By Monica Nashon
Kisii Senior Resident Magistrate Caroline Cheruiyot has ordered a medical examination for Kassim Abdi Sebo following allegations that he was assaulted while in police custody.
The court directed that Sebo be examined by a private doctor and a doctor from Kisii Teaching and Referral Hospital, with a medical report to be presented in court.
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The order came as the court directed that Sebo be remanded at Kisii GK Main Prison for six days as the Probation Department prepares a comprehensive pre-bail report to guide the determination of his release.
Sebo faces a charge of assault causing actual bodily harm, contrary to Section 251 of the Penal Code. He is accused of assaulting Maurice Auko at Homa Bay Bus Terminal in Homa Bay Township on July 9, 2026.
His lawyer, Nyamweya Mogusu, raised concerns about his client’s health while urging the court to release him on 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 said.
He further alleged that Sebo had been assaulted in custody and required urgent medical attention.
Prosecutor Vera Amolo opposed the bail application, citing Sebo’s previous failure to attend court and the possibility of interference with witnesses.
Amolo told the court that Sebo had been released on cash bail following his arrest on July 9 but failed to appear before a Homa Bay court for plea-taking on August 4.
“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 argued that Sebo might fail to attend future proceedings or interfere with witnesses if released, potentially jeopardising the conclusion of the case.
Mogosu disputed the claim that his client was likely to abscond, saying Sebo was arrested at his business premises, about 50 metres from Homa Bay Police Station.
He also claimed that the plea-taking date had been extended to allow police to complete investigations and that he had sought an extension of the police bond terms.
In her ruling, Cheruiyot said the court had found sufficient evidence that Sebo had previously failed to attend court when required.
However, she said the prosecution had not provided sufficient evidence to support its claim that he was likely to interfere with witnesses.
“A mere prevention without more does not constitute compelling reasons and I therefore find the ground for witness interference has not been sufficiently established,” the magistrate said.
The court directed the Probation Department to assess Sebo’s residence, family and community ties, likelihood of attending court, and the views of the complainant and local administration before the bail application is reconsidered.
Cheruiyot also ordered Sebo to produce documents supporting his claim that his police bond terms had been extended, including the alleged receipt.
The magistrate said the bail or bond application would remain pending until the court considers the pre-bail report and documents filed by the defence.
Sebo will remain in custody pending further directions, with the case scheduled for mention on October 19.
