High Court Judge Reuben Nyakundi has found that police constables Emmanuel Wafula and Godwine Wekesa were responsible for the murder of 21-year-old Lusava, who died while in custody at Mbururu Police Station in Likuyani, Kakamega County.
This ruling, delivered in Eldoret, marks the end of a long and painful five-year legal journey for Lusava’s family. Justice Nyakundi said the case was an important moment in the fight against custodial deaths and bad policing habits that often go unpunished in Kenya.
The incident that led to Lusava’s death began in 2020 when he was arrested by the two officers for not wearing a face mask during the COVID-19 pandemic.
Members of the public stepped in and rescued him during that first encounter. But the officers were not done with him. Just a few days later, they tracked him down again, arrested him, and took him to the Mbururu Police Station.
What followed, according to the court records, was a brutal act of police violence. Lusava was chained to a window inside the police cell. The officers kicked him, hit him, and even used electric cables to beat him while he was in custody.
Justice Nyakundi said the young man suffered serious injuries from this abuse and later died at the station. Instead of reporting his death, the officers decided to cover up the crime.
The court was told that they carried Lusava’s body to the nearby River Nzoia and dumped it in the flowing water to make it seem like he had disappeared. This act, the judge said, showed clear malice and planning between the two officers, pointing to a shared intention to kill and hide the truth.
The ruling canceled the bond that had been given to both Wafula and Wekesa. They were taken back into remand and will remain at Eldoret GK Prison until their sentencing date, which has been set for Wednesday, July 9.
Lawyers from the International Justice Mission, who represented Lusava’s family during the case, praised the court’s decision. They described it as a big step forward in holding police officers responsible for their actions, especially when it involves abuse of power and attempts to hide the truth.
The case has sparked wider discussions about how officers are held accountable in Kenya, especially in cases where suspects die while in custody. Many are now calling for more transparency, independent investigations, and stronger punishment for those who misuse their position.
For Lusava’s family, while nothing can bring back their son, this ruling brings some form of justice and a clear message that those who break the law no matter their uniform must face the consequences.
And our pledge is the same justice to be applied and bring all the rogue officers to book including the recent one of Albert Ojwang who died under similar circumstances.
