The High Court in Eldoret has found two Police Officers guilty of torturing a suspect to death at a police cell and dumping his body in River Nzoia three years ago.

Justice Reuben Nyakundi said that the prosecution had proved beyond reasonable doubt that constables Emmanuel Wafula and Godwine Wekesa Sirengox, murdered Dennis Lusava, 21, at Mbururu police post in Likuyani, Kakamega County.

The incident took place on  October 7, 2022 before Lusava’s decomposing body was found in River Nzoia four days later.

While reading the judgement, Justice Nyakundi dismissed the duo’s defence noting that the police officers tasked with protecting civilian’s lives and property had absolutely no reason to torture the suspect and end his life.

“The murder was committed with malice aforethought and there was transactional evidence linking the two officers to a common intention in the conspiracy,” the judge stated.

The judge also cancelled the bond that had been granted to Wafula and Sirengo directing that they be detained at Eldoret GK remand prison.

The two officers will be sentenced on July 8.

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

IJM Country Director Vincent Chahale welcomed the judgment noted an increase in deaths in police custody, with the latest case being Albert Ojwang. He expressed hope that this conviction would deter other officers from abusing their power and attempting to conceal their crimes.

On October 4, 2022, Dennis Lusava had an altercation with constables Reuben Yator and Godwine Wekesa Sirengo in Mbururu town before 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 the public embarrassment.

They reportedly used a friend to lure him to the police station, where he was arrested and handcuffed to a window where he was allegedly assaulted with kicks, blows, and electric cables.

His mother, Agnes Ambale, visited the station and found him severely injured.

Despite her pleas, she was asked to bring Sh2,000 to secure his release.

Later, Lusava attempted to seek medical help but was forcibly returned to the station.

A doctor testified to hearing him scream in pain before he became unresponsive.

The officers allegedly transported his body to Webuye and dumped it in River Nzoia.

They then altered the police Occurrence Book to falsely indicate that the deceased had been released.

His body was discovered on October 11 and identified by his family before a post-mortem revealed extensive injuries leading to circulatory failure.

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

The case was heard by Justice Nyakundi, with the prosecution led by Mr Mugun and Ms Kirenge.

A total of 21 witnesses testified, and 27 exhibits were presented.