Judgment delayed in River Nzoia murder case involving two cops

Mbururu Police Station in Likuyani Sub-County that was set ablaze last week by residents after Denis Lusava, 21, arrested for not wearing a facemask, went missing. [Lynn Kolongei, Standard]

The High Court in Eldoret has postponed the much-awaited judgment involving two Police Officers accused of torturing a suspect to death at a police cell and dumping his body in River Nzoia three years ago.

Police Constables Reuben Yator and Godwine Wekesa Sirengo would know their fate today in the murder case of slain Dennis Lusava, who was allegedly murdered at Mbururu police post in Likuyani, Kakamega County, on October 7, 2022, before his decomposing body was found in River Nzoia four days later.

The case was postponed after it emerged that the Presiding Judge, Reuben Nyakundi, would not be present to deliver the verdict as he was engaged in other official matters outside his work station.

Justice Nyakundi was set to determine whether the duo was guilty of murder or not after the prosecution closed their case and the interdicted officers were allowed to defend themselves.

The judgment is now slated for June 25, 2025.

Yator and Sirengo are both out on bond.

The prosecution, led by Counsel Mark Mugun and Sidi Kirenge, presented a total of 21 key witnesses who testified against the two former police officers.

Also presented in court during the murder trial that took three years were 27 exhibits, which were used against the accused persons.

The murder case against the two police constables stems 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.

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.

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 Sh2000 in exchange for his freedom.

The court heard that the deceased was later released from police custody, but his attempt to seek medical help was thwarted after the officers forcibly returned him to the station.

A medical doctor who testified against the police officers during the hearing of the murder case said he heard the deceased scream in pain before he became unresponsive.

The officers allegedly transported the deceased's body to Webuye and dumped it in the 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.