Why Nakuru court failed to direct KWS, DCI, to produce Brian Odhiambo
Brian Odhiambo's mother , Elizabeth Auma, wails at Nakuru court as she stares at her son's photo on February 6, 2025.
A Nakuru Court has dismissed the application filed by Elizabeth Auma (mother to Brian Odhiambo) and the Independent Medical Legal Unit (IMLU) seeking to compel the Directorate of Criminal Investigations Nakuru East and the Park in Charge of Lake Nakuru National Park to produce Brian Odhiambo in court, dead or alive.
The presiding judge, Julius Nangea, stated that Elizabeth Auma and IMLU failed to demonstrate that Brian was in the custody of the respondents (DCI and Park in Charge Lake Nakuru National Park) for the court to invoke its legal authority to order his production.
“The DCI and the Park in Charge of Lake Nakuru National Park have denied having the subject in their custody. In the absence of sufficient evidence to the contrary, no further orders or directions will be issued regarding the habeas corpus application,” said the Judge.
Judge Julius Nangea giving his ruling at a Nakuru court on February 6, 2025.
He concluded by stating that the prosecution process underway should take its course.
The decision came as a surprise to many who had expected the ruling to be delivered at 11:30 am, as previously communicated, but was instead delivered at around 10am in the absence of Brian's family.
By the time the news reached the family and friends of the deceased, chaos erupted within Nakuru law courts.
Alvy Okello (wife of Brian Odhiambo) and his mother were seen weeping uncontrollably, unsure where to turn next.
Brian Odhiambo's wife Alvy Okello weeping at the Nakuru law court after the ruling on February 6, 2025.
Elizabeth Auma lay on the floor outside the courtroom, wailing in Dholuo saying, “Where should I start searching for you?”
A fracas ensued between the police and the crowd that had gathered outside the courtroom, as they yelled, “Tupeeni Brayo!” The disturbance continued until police reinforcements arrived and led the protesters outside.
Carlos Otieno, Brian Odhiambo’s brother, shared how his brother’s disappearance had taken a heavy toll on their family.
“Nimetembea mortuary karibu zote. I have been subjected to excruciating torment. I have had to look at numerous dead bodies in morgues, searching for my brother. I am just a young man myself. I have a life to live. Why subject me to all this? I just want kandugu (Brian Odhiambo)” he laments.
The lawyers representing the family stated that they are exploring filing an appeal regarding the matter.
Brian went missing on January 18, after he was taken by Kenya Wildlife Service officers in broad daylight, after allegedly being caught fishing in Lake Nakuru National Park.
His dissapearence sparked a six-day protest in Kivumbini estate, with residents demanding that he be brought to them dead or alive.