Brian Odhiambo case: Court orders site visit to where fisherman was arrested

The hearing of Brian Odhiambo’s case will now proceed to a site visit after Principal Magistrate Kipkurui Kibellion ordered the evidence of the Investigating Officer to be taken at the scene where Brian’s arrest is alleged to have taken place.

“The scene being referred to is the scene that was mentioned by Agnes Oluoch the first witness, Carlos Otieno the second witness and Elizabeth Auma the third witness (this is the area in Manyani). The evidence of the investigating officer, the cross examination and re-examination will also take place at the scene,” he notes.

The magistrate further states that the persons authorized to visit the scene will be Agnes Oluoch, Carlos Otieno and Elizabeth Auma.

“For good order the human rights persons authorized to visit the scene are capped at 10 persons, media persons permitted to attend the scene visit is 10 persons. All councils appearing in the matter will be given access,” he adds.

The directions came after the second last prosecution witness, Michael Rono, gave an account of how on January 18, he was arrested at the Vietnam area by Kenya Wildlife Service officers and later transported to Summit area.

“When we got to Summit, I was together with ten other individuals and we were told to lie on our stomach and put our faces firmly on the ground.  A vehicle came and reversed to where we were lying down and the door was opened. I managed to peep inside the vehicle. I saw someone in the car who seemed to be still,” he states.

“A ranger instructed the person in the vehicle to move so that we could be placed in the same vehicle but the person did not respond. The individual who was lying on his stomach while in the vehicle was turned by the ranger and lifted up. It was then that I heard the ranger say that huyu amekata (meaning he is not alive),” he says.

Rono told the court that after he witnessed this, Francis Wachira (the first accused) hit him on the head with a stick and he started bleeding. After that he remained still with his head firmly in the ground.

Just like Dennis Juma who had testified before him, he was able to positively identify the individual in the vehicle as Brian Odhiambo.

Additionally, he was able to identify Alexander Lorogoi, and Isaac Ochieng who are the second and third accused respectively, as also being presented at the Summit area while this took place.

The scene visit will take place on November 10.