Court finds two police constables guilty of torturing man to death and dumping body in River Nzoia

Two police officers were on Friday found guilty and convicted of the murder of a man they had detained at a police station in Eldoret, before torturing him to death and dumping his body in River Nzoia.

The victim, Dennis Lusava, aged 21 at the time, had an altercation with police constables Reuben Yator and Godwine Wekesa Sirengo in Mbururu town on October 4, 2022. 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 Lusava for what they perceived as public humiliation.

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

While in custody, Lusava was subjected to severe assault, including kicks, blows, and beatings with electric cables.

His mother, Agnes Ambale, visited the station and found him seriously injured. Despite her pleas, she was asked to pay Sh2,000 for his release. Attempts to seek medical treatment for her son failed when officers forcibly returned him to the station. A doctor later testified to hearing Lusava scream in pain before falling silent and unresponsive.

His body was subsequently transported to Webuye and disposed of in River Nzoia; yet another harrowing example of police brutality.

The officers then falsified the Occurrence Book (OB), recording that the victim had been released.

His decomposing body was recovered on October 11 and positively identified by his family. A post-mortem report revealed that he had suffered extensive injuries, which led to circulatory failure.

The Directorate of Criminal Investigations (DCI) launched a probe that led to the arrest and prosecution of the two officers.

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

In his ruling on Friday, Justice Nyakundi stated that the prosecution had proven beyond a reasonable doubt that the two officers had tortured a suspect to death while in police custody and later dumped his body in River Nzoia.

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

The two officers are set to be sentenced on Tuesday next week.

Janice Muchemi, an advocate from the International Justice Mission (IJM) representing the victim’s family, described the conviction as a major milestone in holding rogue police officers accountable for custodial deaths and systematic cover-ups.

Other Topics To Read

• National
• Murder
• Police Brutality
• Police Officers
• River Nzoia
• Dennis Lusava
• Court finds two police constables guilty of torturing man to death and dumping body in River Nzoia
• Headlines

IJM Country Director Vincent Chahale welcomed the ruling and expressed hope that it would serve as a deterrent to other officers who might abuse their power and attempt to conceal their crimes.

The country has witnessed a disturbing rise in deaths occurring in police custody in recent years, the most recent being that of teacher Albert Ojwang, who was buried on Friday.

Preliminary findings by the Independent Policing Oversight Authority (IPOA) into Ojwang’s case indicate that he was tortured and killed while in custody, contrary to police claims that he died after hitting his head against a cell wall.

“We have recorded 20 deaths in police custody over the last four months,” the IPOA Chairperson told lawmakers last month.