Officers jailed 35 years for killing detainee, dumping body in River Nzoia

Two police officers who were found guilty of torturing a suspect to death at a police cell and dumping his body in River Nzoia have each been sentenced to 35 years' imprisonment.

Justice Reuben Nyakundi of the High Court in Eldoret sentenced police constables Emmanuel Wafula, 38, and Godwine Sirengo Wafula, 35, for the brutal murder of Dennis Lusava, 31, that took place five years ago at Mbururu police station in Likuyani, Kakamega county.

The judge who termed the murder an unfortunate incident noted that the unlawful actions of the two officers were premeditated and driven by malice.

He held that the duo, being police officers, were expected to defend the constitution by protecting the life and property of Kenyans, but instead went against their mandate and ended Lusava’s life.

He said that circumstantial evidence linked the duo to the murder as they were the last people to be seen with the deceased before his decomposing body was discovered in River Nzoia.

“You had a personal responsibility as police officers to ensure that every Kenyan should be able to feel safe and that their safety of property and life is guaranteed. Nothing unlawful should be done to deprive another of their right to life,” Justice Nyakundi stated in his judgment.

The court further stated that Lusava’s death would have been avoided if the officers had not acted with impunity.

The judge added that the officers showed no remorse during the trial's proceedings.

Justice Nyakundi said that the aggravating factors raised during the trial by 21 prosecution witnesses and 27 exhibits outweighed any matrix of mitigation that the duo had issued during their defense.

He pointed out that the late Lusava, who was a father of two, did not in any way provoke the officers who arrested him, tied him to the window of the police cell, and tortured him using an electric cable, leading to his death.

The incident took place on October 7, 2020, before Lusava’s body was found in River Nzoia four days later.

The court 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 murder case against Wafula and Wekesa stemmed from an encounter between them and the deceased on October 4, 2022.

According to witnesses who testified in court, an altercation ensued between the officers and the deceased, prompting members of the public to intervene and prevent the officers from arresting or harassing him for not wearing a mask in public.

Three days later, on October 7, 2022, the said officers allegedly conspired to retaliate against the deceased for causing them 'public embarrassment.'

The duo is said to have used a friend to lure the deceased to the police station, where he was arrested, taken to the cell, and handcuffed to the window.

It was while in custody that the officers allegedly assaulted the deceased with kicks, blows, and electric cables.

Another witness testified that he heard Lusava pleading for his life, while another found him tied to a window inside the police station

Lusava's mother, Agnes Ambale, visited him in the police station and found her son severely injured.

However, despite her pleas to the officers to free her son, she was asked to bring sh 2000 in exchange for his freedom.

After Lusava’s death, the officers are then said to have transported his body to Webuye and dumped it in River Nzoia.

They then reportedly went to their work station and altered the police Occurrence Book (OB) to falsely indicate that the late Lusava had been released.

The deceased’s decomposed body was discovered four days later in River Nzoia, where his family identified him.

A postmortem that was conducted on his body revealed extensive injuries leading to circulatory failure.

After the sentencing, Lusava's mother, Ambale, thanked the court for delivering justice for her slain son, adding that the family is now struggling with raising his children.