Two police constables sentenced to 35 years for torturing, killing suspect in 2020

The High Court sitting in Eldoret has sentenced two police constables, Emmanuel Barasa and Godwine Wekesa, to 35 years in prison each for the brutal torture and murder of Dennis Lusava in 2020 at Mbururu Police Post in Likuyani, Kakamega County, before dumping his body in River Nzoia.

The judgement, coming five years after the victim's brutal murder, is the latest in a growing cases of rogue police officers getting punished for their acts of brutality in the country.

Justice Reuben Nyakundi noted that in the course of the trial, the two officers did not show remorse for their actions, adding that the right to life must be protected by all and nothing unlawful shall be done to deprive another person within the country's borders of that right.

"In the hands of every police officer, every Kenyan should be able to feel safe, and the safety of their properties and lives guaranteed. My findings are that the aggravating factors in this matter far outweigh any mitigation, which means a non-custodial sentence is ruled out," said Justice Nyakundi.

The victim, then aged 21, had an altercation with the constables in Mbururu town on October 4, 2020, during which members of the public intervened to prevent the officers from arresting or harassing him.

Three days later, on October 7, the officers allegedly conspired to retaliate against him for the public embarrassment.

The court heard that they used a friend to lure him to the Mbururu Police Post, where he was arrested and handcuffed to a window.

While in custody, Lusava was allegedly assaulted with kicks, blows, and electric cables.

His family learnt of his predicament when his mother, Agnes Ambale, visited the station and found him severely injured.

Despite her pleas, she was asked to pay sh 2,000 for his release.

An attempt to get him treatment failed as he was forcibly returned to the station from where a doctor testified to have heard him scream in pain before he became unresponsive.

Later, his body was reportedly transported to Webuye and disposed of in River Nzoia.

The officers then altered the Occurrence Book (OB) to falsely indicate that the victim had been released.

His decomposing body was discovered on October 11 and identified by his family. A post-mortem later revealed that he suffered extensive injuries leading to circulatory failure.

The Directorate of Criminal Investigations (DCI) launched an investigation that resulted in the arrest and charging of the two officers with murder.

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A total of 21 witnesses testified, and 27 exhibits were presented before Justice Nyakundi at the Eldoret High Court.

Earlier this month, the judge said that the prosecution had proved beyond a reasonable doubt that the two officers were guilty of torturing a suspect to death at a police station and dumping his body in River Nzoia three years ago.

"The murder was committed with malice aforethought, and there was transactional evidence linking the two officers to a common intention in the conspiracy," he added.

The International Justice Mission (Kenya), which has been providing legal aid to the family, welcomed the ruling.

"The decision by Justice Nyakundi marks a landmark judgement in the fight against impunity that is perpetuated by members of the National Police Service (NPS). We urge our brothers and sisters from the service that as they are interacting with civilians, they remember and uphold human rights and take to account the plight of the victims," said IJM's Janice Muchemi.