Police Constables Emmanuel Wafula Vyambaka, 35 and Godwine Wekesa Siirengo aged 38, at the High Court in Eldoret on July 29, 2025
Two police officers have been sentenced to 35 years in jail after they were found guilty of murdering a man whom they tortured to death at Mbururu Police Post in Kakamega county.
High Court Judge Reuben Nyakundi passed the sentence against Police Constables Emmanuel Wafula Vyambaka, 35, and Godwine Wekesa Siirengo, 38.
In finding the officers guilty, Justice Nyakundi said the prosecution had proved its case beyond reasonable doubt against the two, who were charged with the murder of Dennis Lusava, who was 31 years old at the time of his death.
Nyakundi said the accused were police officers mandated to protect life, but instead murdered the deceased, noting that the circumstances around the offence indicated it was avoidable.
He said aggravating factors in the case outweighed the mitigation by the accused, who had pleaded for a non-custodial sentence.
The judge said the right to life must be protected by everyone and that the officers did not have to kill the deceased.
“We must all ensure that the right to life is protected everywhere, including in our homes and all over within our borders,” Nyakundi said.
He noted that the accused were persons of responsibility working with the National Police Service and entrusted with protecting lives and property.
“It was an unfortunate incident and could have been avoided,” Nyakundi said.
He added that the circumstances also indicated that it was not a case of self-defense or provocation that led to the murder.
“This verdict is a good measure in the fight against impunity within our security services,” she said.
The prosecution, led by Sidi Kirenge, presented over 20 witnesses, and Justice Nyakundi said scientific evidence had also linked the officers to the murder.
According to the judge, DNA samples from the body of the deceased matched those found in a car hired by the officers and used to dump the body in River Nzoia.
The judge noted that the accused had been involved in the arrest of the deceased on October 4, 2020, and took him to Mbururu Police Post, where witnesses, including his mother, found him injured.
Nyakundi said the officers were the last persons seen with the deceased and that when his mother went to the station seeking his release on October 7, 2020, she was told he had been released.
He said the deceased had suffered serious injuries; one witness saw him bleeding, while another heard him pleading for his life while at the police station.
“A witness heard him pleading not to be killed while at the police post where his mother also found him tied to a window,” Nyakundi said.
The judge said Mbururu Police Post was the only place that could account for the injuries sustained by the deceased and that the main actors in the matter were the two police officers.
The murder, he said, was committed with malice aforethought and there was transactional evidence linking the officers to a conspiracy in the murder.
He added that at the time of arrest, there was no evidence of a confrontation or quarrel that would have led the officers to act in self-defense.
Nyakundi concluded that there was a clear linkage between the arrest of the deceased, his detention at Mbururu Police Post, and his body being found in River Nzoia on October 7, 2022.
“When the mother came to the police post seeking to have her son released, she was told that her son had been released—only for his body to be found in River Nzoia,” he said.
In their defense, Nyakundi said the officers were unable to deconstruct the evidence presented by the prosecution.
Justice Nyakundi canceled their bonds and placed them in custody to await sentencing on July 29, 2025.
Details of the matter indicate that on October 4, 2022, Lusava encountered the police officers in Mbururu town.
An altercation ensued, prompting 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 against Lusava for the earlier public embarrassment.
They reportedly used a friend to lure him to the police station, where he was arrested and handcuffed to a window.
While in custody, Lusava was allegedly assaulted with kicks, blows, and electric cables.
His mother, Ambale, visited the station and found him severely injured. Despite her pleas, she was asked to bring Sh2,000 for his release.
Later, the deceased attempted to seek medical help but was forcibly returned to the station.
A doctor testified to hearing him scream in pain before he became unresponsive.
The officers allegedly transported his body to Webuye and dumped it in River Nzoia.
They then altered the police Occurrence Book to falsely indicate that he had been released.
His body was discovered on October 11 and identified by his family. A post-mortem revealed extensive injuries leading to circulatory failure.
The Directorate of Criminal Investigations (DCI) launched an investigation, resulting in the arrest and charging of the two officers with murder.
A total of 21 witnesses testified, and 27 exhibits were presented before the court.
The deceased’s father, Safani Indesha, and mother, Agnes Ambale, who were in court, said they were satisfied with the sentence even though the loss of their son was irreversible.
“My son was innocent, and at least we are happy that some justice has been done. My son had two children whom I have to take care of,” Ambale said.
The deceased, who was a boda boda rider and farmer, left behind two children.
The family was represented by Janice Muchemi from Justice International Missions.
