Brian Odhiambo update: KWS term inquest request a 'fishing expedition'

The family of Brian Odhiambo are back in court trying to seek answers on the whereabouts of their kin. 

Vocal Africa and Alvy Aoko ( the wife to Brian Odhiambo) are seeking a public inquest into the forced disappearance of Brian Odhiambo. 

The family has sued the in charge Kenya Wildlife Service, Inspector General of Police, Directorate of Criminal Investigation and Director of Public Prosecutions. 

Abuya Mogendi the advocate representing the family requested a period of seven days to go through the affidavit of the respondents. 

On the other hand, the KWS through their legal counsel Diana Sigei in a replying affidavit wanted the application to be dismissed. 

"There is no body (if any) of the alleged Brian Odhiambo that has been traced so as to involve an inquiry as to his alleged disappearance and/or death" she says. 

The affidavit further states that applicants were ironcally on a 'fishing expedition' with a view to apportion blame to the Kenya Wildlife Service

"This matter was heard extensively at the High Court and the KWS was exonerated from any blame or liability. The judge in the ruling was very clear in the prosecution process that is underway to take its course" read part of the court documents. 

The Director of Public Prosecutions in an affidavit filed by Emma Okok, concurred with the sentiments of the KWS saying that the application is premature, misconceived, lacks merit and ought to be dismissed. 

" Sections 385 and 386 of the Criminal Procedure Code does not give a magistrate power to direct an inquest to be conducted and the steps that are to be taken by an investigating officer are well set out in order for an inquest to be ordered" read part of the court documents. 

The Principal Magistrate Vincent Adit granted the applicant a period of seven days to go through the affidavits and set mention date for March 5.

Brian Odhiambo was last seen on January 18, his family and friends made efforts to try and trace his whereabouts but their efforts bore no fruits. 

This consequently led to protests in the Kivumbini area 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 Nangea in his ruling said that Elizabeth Auma and Independent Medical Legal Unit failed to proof that Brian Odhiambo was in the custody of KWS and DCI, he also recommended the investigation process to take its due course.