In a landmark ruling delivered on Monday, the Eldoret High Court sentenced two former police officers to 35 years in prison for the brutal torture and murder of 31-year-old Dennis Lusava in October 2020. The tragic incident, which occurred at Mbururu Police Post in Kakamega County, stemmed from a minor face mask violation during the height of COVID-19 regulations.
Presiding Judge Reuben Nyakundi found former officers Emmanuel Wafula (38) and Godfrey Sirengo (35) guilty of unlawfully detaining and fatally torturing Lusava while in custody. The court heard that the duo handcuffed the victim inside a police cell and subjected him to severe torture, ultimately leading to his death. They then concealed the crime by placing his body in a gunny bag and dumping it in River Nzoia, near the Bungoma-Kakamega border.
Judge Nyakundi emphasized that the two had a duty to protect the life of the deceased, not end it, stating that the prosecution had proved the case beyond reasonable doubt. A total of 21 witnesses, including the victim’s parents, and 27 pieces of evidence were presented during the five-year-long trial.
The officers had pleaded for a non-custodial sentence, citing various grounds, but their request was dismissed. The court maintained that their actions were inexcusable and a gross abuse of authority, especially as custodians of public safety.
The ruling underscores the judiciary’s firm stance against extrajudicial killings and abuse of power by law enforcement, setting a significant precedent in the pursuit of justice for victims of police brutality in Kenya.