Two police officers accused of torturing a man to death in October 2022 at a police post in Kakamega 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 the death of blogger Albert Ojwang’ while in custody at Central police station in Nairobi. The issue of police brutality is in the headlines and accusations are highlighted by recent demonstrations.
Police Constables Godwine Sirengo and Reuben Yator are charged with the murder of Dennis Lusava. He allegedly was tortured to death at Mbururu police 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 members said he was unwell.
Sirengo was in court for the judgment but Yator’s lawyer Evans Miyenda said he was indisposed 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. “That medical 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 police officers in Mbururu town. An altercation ensued, prompting members of the public to intervene and prevent the officers from arresting or harassing him.
Three days later, on October 7, the officers allegedly conspired to retaliate for the earlier public embarrassment, the court was told.
They reportedly used a friend to lure Lusava to the police station, where he was arrested and handcuffed to a window.
While in custody, he was allegedly assaulted with kicks, blows, and electric cables.
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 the station.
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 had been 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 the arrest 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.
