Two cops to know verdict over fatal torture in Kakamega cells

Two police officers accused of torturing a man to death in October 2022 at a police post inKakamega county will know the court’s decision on Friday.

The High Court in Eldoret will issue its judgment at a time when the country is gripped with thedeath of blogger Albert Ojwang’ while in custody at Central police station in Nairobi. The issueof police brutality is in the headlines and accusations are highlighted by recent demonstrations.

Police Constables Godwine Sirengo and Reuben Yator are charged withthe murder of Dennis Lusava. He allegedly was tortured to death at Mbururupolice post in Kakamega county; his body was dumped in River Nzoia.

Justice Nyakundi yesterday delayed the judgment against the two officers until Friday, after Yator failed to appear in court. His lawyer and family memberssaid he was unwell.

Sirengo was in court for the judgment but Yator’s lawyer Evans Miyenda said he wasindisposed at their home in Kitale.

Yator’s father told the court his son was admitted to a hospital in Kitale.

Miyenda produced a medical report that was disputed by prosecutor Grace Kirenge. “Thatmedical document needs to be confirmed so that we know if it’s genuine,” she said.

Lawyer Oscar Oduor is representing Sirengo.

Justice Nyakundi directed that the two should appear in court on Friday for the judgment.

Court documents indicate that on October 4, 2022, Dennis Lusava had encountered the policeofficers in Mbururu town. An altercation ensued, prompting members of the public to interveneand prevent the officers from arresting or harassing him.

Three days later, on October 7, the officers allegedly conspired to retaliatefor the earlier public embarrassment, the court was told.

They reportedly used a friend to lure Lusava to the police station, where he wasarrested and handcuffed to a window.

While in custody, he was allegedly assaulted with kicks, blows, and electriccables.

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

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

Later, Lusava attempted to seek medical assistance but was forcibly returned to thestation.

A doctor testified that he screamed in pain before he became unresponsive.

The court was told the police Occurrence Book had been altered to indicate that Lusava hadbeen released.

His body was retrieved on October 11 and identified by his family. A postmortem revealed extensive injuries leading to circulatory failure.

The Directorate of Criminal Investigations carried out a probe, resulting in thearrest of the two constables who were charged with murder.

The prosecution team was led by Mark Mugun and Grace Kirenge.

Twenty-one witnesses testified and 27 exhibits were presented.