The Eldoret High Court has found two police officers guilty of the brutal murder of 21-year-old Denis Lusava, marking a pivotal moment in the fight against extrajudicial killings and custodial deaths in Kenya.
High Court Judge Reuben Nyakundi on Friday ruled that Constables Emmanuel Wafula and Godwine Wekesa were responsible for the torture and murder of Lusava, whose body was found dumped in River Nzoia in October 2022. The killing occurred at the Mbururu Police Station in Likuyani, Kakamega County.
“This murder was committed with malice aforethought, and there was transactional evidence linking the two officers to a common intention in the conspiracy,” Justice Nyakundi stated in his landmark judgment. He also revoked the officers’ bond and ordered that they be remanded at Eldoret GK Prison until sentencing on July 9.
Court documents revealed that the incident stemmed from a 2020 altercation, when Lusava was initially arrested for not wearing a face mask. After members of the public intervened to free him, the officers reportedly tracked him down days later, rearrested him, and subjected him to fatal torture while in custody. The court heard that Lusava was handcuffed to a window and assaulted using electric cables, kicks, and blows. He later succumbed to his injuries at the station.
In a failed attempt to conceal the crime, the officers then dumped his body into River Nzoia.
The judgment follows a protracted legal battle lasting over five years and was hailed by rights groups as a significant victory in the push for police accountability.
Lawyers from the International Justice Mission (IJM), who represented Lusava’s family, applauded the decision. “This is a big step forward for justice in police accountability,” an IJM representative said.
The sentencing of the two officers is scheduled for Wednesday next week.
Written By Rodney Mbua
