Brian Odhiambo case: Court grants bail to KWS officers, directs hearing be prioritized

The six Kenya Wildlife Service (KWS) officers charged with abduction of Brian Odhiambo with intent to confine have been released on a cash bail of Sh100,000 each.

Francis Wachira, Alexander Lorogoi, Isaac Ochieng, Michael Kiamiyo, Evans Kipsang’, and Abdulrahaman Ali were arraigned in court on May 5, where they all pleaded not guilty to the charge.

In his bail and bond ruling, Principal Magistrate Kipkurui Kibellion granted each of the six officers a cash bail of Sh100,000 or an alternative bond of Sh300,000.

The prosecution had opposed the granting of bail, arguing that releasing the suspects could lead to interference with witnesses.

Lawyers Abuya Mogendi and Kipkoech Ng’etich, representing the family, told the court that Brian's mother, Elizabeth Auma, had allegedly been approached by a man identified as Mr. Hosea, who offered her a bribe to drop the pursuit of justice.

In his ruling, the magistrate noted that any form of witness interference constitutes compelling grounds to deny bail. However, in this case, he said the alleged actions by Mr. Hosea did not meet that threshold.

“Mr. Hosea is not one of the accused persons. There must be a clear connection showing that he was acting under the express direction of the accused. Respectfully, no such connection has been demonstrated, and this ground for denying bail fails,” he ruled.

Another issue raised was that releasing the accused on bail could disturb public order, especially since there have been instances of unrest following the case.

But the court said this reason alone was not sufficient to deny bail.

After giving the accused bail, the court prohibited the six from contacting prosecution witnesses directly or indirectly. They were also barred from visiting the crime scene.

Additionally, the Kenya Wildlife Service was ordered to cooperate with investigators and provide any materials deemed necessary for the case.

The court directed that the case be prioritized and, where possible, heard on a day-to-day basis. The ruling can be appealed within 14 days.

After the ruling, emotions ran high in the courtroom. Family and friends of Brian Odhiambo were visibly distressed by the court’s decision.

His mother, Elizabeth Auma, was overcome with emotion, weeping uncontrollably—echoing the heartbreak she experienced when the habeas corpus application was previously declined.

The hearing is scheduled to begin on May 19.

Brian Odhiambo was last seen on January 18 after he was arrested by KWS officers in Kivumbini estate.

This consequently led to protests in Kivumbini that lasted for over six days and soon after, a habeas corpus application was filed in court, demanding the KWS and the DCI to produce Brian Odhiambo in court dead or alive.

Judge Julius Nang’ea ruling said that Elizabeth Auma and the Independent Medical Legal Unit failed to prove that Brian Odhiambo was in the custody of KWS and DCI, he also recommended the investigation process to take its due course.