Kassim Abdi Sebo will remain in custody for six days as the Kisii court awaits a comprehensive pre-bail report to guide its decision on his release.
Kisii Senior Resident Magistrate Caroline Cheruiyot on Tuesday ordered that Sebo be remanded at Kisii GK Main Prison pending the preparation of the report by the Probation Department.
Sebo is facing 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, asked the court to release his client on favourable bail or bond terms, arguing that the offence was bailable.
“An assault case, contrary to the propaganda relating to charges not before this court, is a bailable offense and my client should be released on favourable bail and bond terms,” Mogusu told the court.
Mogusu also alleged that Sebo had been assaulted while in police custody and required urgent medical attention.
However, prosecutor Vera Amolo opposed the application, arguing that the accused was a flight risk and could interfere with witnesses if released.
Amolo told the court that Sebo had previously failed to appear before a Homa Bay court for plea-taking after being arrested and released on cash bail on July 9.
“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 releasing Sebo on bail or bond could jeopardise the case and prevent it from reaching its conclusion.
In response, Mogusu maintained that his client had no intention of fleeing, noting that he was arrested at his business premises located 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 his client’s police bond terms.
In her ruling, Magistrate Cheruiyot said the court was satisfied that there was evidence showing that the accused had previously failed to attend court when required.
However, she noted that the prosecution had not presented witness statements, complaint reports or other evidence to demonstrate threats, intimidation or attempts to influence 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,” Cheruiyot said.
The magistrate directed the Probation Department to prepare a comprehensive pre-bail report covering Sebo’s place of residence, family and community ties, likelihood of attending court, and the views of the complainant and local administration.
She said the question of bail or bond terms would remain pending until the report and other documents intended to be filed by the defence were considered.
The court also directed Sebo to file and serve documentary evidence supporting the alleged extension of his police bond terms, including the receipt said to have been issued.
The case will be mentioned on October 19 for further directions.
