Two police constables have been found guilty of murdering Dennis Lusava, a
man they tortured to death while in custody at Mbururu Police Post in Kakamega
County.
Justice Reuben Nyakundi, delivering the verdict,
ruled that the prosecution had proven its case beyond a reasonable doubt against
Constables Emmanuel Wafula Vyambaka and Godwine Wekesa Siirengo. The two
officers were charged with the murder of Lusava, whose body was later recovered
from the River Nzoia.
The prosecution, led by State Counsel Sidi Kirenge, presented 21 witnesses and 27 exhibits in the case.
Justice Nyakundi
cited scientific evidence linking the officers to the crime, including DNA
samples from the deceased that matched those found in a hired vehicle used to
transport and dispose of his body.
The court heard that Dennis Lusava was arrested on October 4, 2022, and taken to Mbururu Police Post.
Multiple witnesses,
including his mother, saw him injured while in custody. A witness testified
that he heard Lusava pleading for his life, while another found him tied to a
window inside the police station.
Justice Nyakundi noted that on October 7,
2022, when Lusava’s mother returned to the station to seek his release, she was
told he had already been released. His body was later found dumped in the River
Nzoia.
"There was no evidence of a confrontation
that could have justified self-defence," said the judge. "Only the
Mbururu Police Post can account for the injuries he sustained."
The court established that the two officers were the last individuals seen with the deceased and that their actions were premeditated.
Witnesses testified that on the day of his death, Lusava had been
lured back to the station by a friend allegedly used by the officers. He was
reportedly beaten with kicks, blows, and electric cables.
Despite his mother’s pleas for his release and
offer of a Sh2,000 bond, she was turned away. Lusava later attempted to seek
medical help but was returned to the station, where a doctor testified hearing
him scream in pain before falling silent.
The officers allegedly transported the body to
Webuye and dumped it in River Nzoia. They later altered the police Occurrence
Book to indicate Lusava had been released. His body was discovered on October
11, 2022, and identified by his family. A post-mortem confirmed death due to
extensive injuries and circulatory failure.
Justice Nyakundi concluded that the murder was
committed with malice aforethought and that there was clear evidence of a
conspiracy between the two officers. Their defense failed to counter the
prosecution’s case.
Bail
was canceled, and the officers were remanded in custody pending sentencing on
July 9, 2025.
