Brian Odhiambo case: Ruling on inquest request due in one week

The ruling regarding the request by Vocal Africa and Alvy Okello (wife to Brian Odhiambo) to set up a public inquiry into the disappearance of Brian Odhiambo is set to take place on March 13.

Responding to the application by Kenya Wildlife Service, the incharge Lake Nakuru National Park, and the Director of Public Prosecutions (DPP), Vocal Africa said that the court remain the ultimate decision maker in determining whether an inquest should proceed.

“The DPP reliance on Section 388 of the Criminal Procedure Code to suggest that only the DPP may direct a magistrate to conduct an inquest is misleading. Section 388 does not make the conduct of an inquest the exclusive preserve of the DPP” read part of the court documents.

Vocal Africa further refuted claims by KWS which had termed the inquest a ‘fishing expedition’, noting that the family is seeking an inquest as the only means of ensuring justice for Brian Odhiambo, whose forced disappearance remains unresolved.

“There is overwhelming evidence that no meaningful progress has been made in the investigation led by the DCI concerning Brian Odhiambo’s disappearance, necessitating judicial intervention through a public inquiry,” Vocal Africa said in the affidavit.

They further pressed that the public inquest is the only mechanism that will inspire public confidence and ensure finality and closure in the matter.

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 in his 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.