Brian Odhiambo’s mother faints in court as judge dismisses her application
What you need to know:
- Nakuru fisherman Brian Odhiambo has been missing for 19 days now.
- Odhiambo's family says they are almost giving up on ever finding their kin.
Beneath the serenity of Manyani estate where missing Nakuru fisherman Brian Odhiambo was brought up, a dark cloud slowly gathers.
Odhiambo, 33, has been missing for 19 days now.
The fisherman, who is reported to have gone missing after being arrested by Kenya Wildlife Service officers at Lake Nakuru National Park, has never communicated with his family or friends.
The family now says the hope of ever finding him dead or alive has been fading with every passing day.
"Every effort to try and trace him has failed. We have searched for him everywhere, including in mortuaries, but we have not found him," said his wife Alvy Okello. "We have lost hope of ever finding him, having searched for him everywhere.”
His mother Elizabeth Auma on Thursday fainted at the Nakuru law courts, after a judge dismissed a petition filed by the Independent Medico Legal Unit (IMLU) over the disappearance.
Elizabeth Auma, the mother of missing fisherman Brian Odhiambo, wails at the Nakuru Law Court on February 6, 2025.
A family member on Thursday said the family had exhausted all avenues and do not know what to do next over Odhiambo's disappearance.
"We have searched everywhere and exploited all avenues. If we never find him, we shall be forced to bury a banana shoot in line with the Luo traditions," said the family member.
On Thursday, emotions ran high at the Nakuru High Court, after the ruling by Justice Julius Nangea.
Judge Nangea dismissed the petition by IMLU, citing lack of proof beyond reasonable doubt, that Odhiambo was in the custody of Kenya Wildlife Service or Directorate of Criminal Investigations officers when he went missing.
"The 1st and 2nd respondents have denied having the subject in their custody and there being no sufficient evidence to the contrary, no further orders or directions will be used in relation to the habeas corpus application. Let the prosecution process that is underway take its course,” ruled justice Nangea.
A habeas corpus is an order issued by a court to a person who has detained another person, to produce the body of the latter before it. The court then examines the cause and legality of detention.
While delivering the ruling, Justice Nangea noted that the basis of the habeas corpus application provides that a person who is detained or held in custody is entitled to petition for an order of habeas corpus.
Justice Nangea noted that the court had earlier summoned the Nakuru East Sub County Director of Criminal Investigations head Samuel Ngeiywa, and the officer in charge of Lake Nakuru National Park David Odul.
The two did not produce the subject explaining that he was not in their custody.
Justice Nangea, in his ruling, noted that during the cross examination, Odul confirmed arresting around 11 people for trespassing the park, but one of the suspects who had been arrested separately fled after he was allowed to relieve himself in the bush.
However, the identity of the suspect had not been established and Odul was non-committal as to whether the suspect is the missing person.
Elizabeth Auma, the mother of missing fisherman Brian Odhiambo, displays a portrait of her son at the Nakuru Law Court on February 6, 2025.
Mr Ngeiywa also through an affidavit indicated that the police were unaware of the whereabouts of Odhiambo, but stated that he was conducting investigations over the disappearance and had recorded statements from KWS officers.
“Mr Ngeiywa seemed to be satisfied that the subject was the one who had been apprehended by Mr Odul’s officers. He further conducted an identification parade involving the officers suspected to have arrested the subject, but the witnesses failed to pick them out. He nevertheless sought the recommendation of the Office of the Director of Public Prosecutions(ODPP) to charge the six officers with the offence of abduction in order to murder,” noted the judge.
The judge further said that the general burden of proof in a habeas corpus application must pursuant to section 107 of the evidence act, remain with the petitioner.
The ruling was received with dissatisfaction from IMLU and Nakuru Human Rights Defenders.
In the petition, IMLU and Odhiambo’s mother Auma, wanted the court compels KWS, and DCIO Nakuru East to produce in court Brian Odhiambo either alive or dead.
Orders that were granted by High Court Judge Justice Julius Nagea who last week ordered Kenya Wildlife Service and the Directorate of Criminal investigations to provide Odhiambo in court dead or alive.
However, while appearing in court, the agencies failed to produce Brian in court. They claimed Odhiambo had escaped and they were not aware of his whereabouts.
According to IMLU legal team, they will be appealing the ruling to ensure justice is served. David Kuria- a representative of IMLU in Nakuru decried foul in the manner in which the case was handled.
“I want to express my dissatisfaction in the manner in which this case has been handled,” he stated.
Sentiments echoed by human rights activist Hussein Khalid, who pointed out that there was interference in the case.
He reiterated that they will be taking the next steps aimed at ensuring justice for Brian.
“We want to state here categorically that we are disappointed in the manner in which this case has been handled. We shall be taking the next step. Our stand is clear that we shall continue to demand that Odhiambo be produced,” he stated.
Meanwhile tension remains high in Kivumbini, Manyani, Flamingo and Bondeni informal settlement areas, as youth vow to demand for justice for Odhiambo.