Brian Odhiambo Makori’s family, including his mother and wife, broke into tears and wailed uncontrollably at the Nakuru Law Courts on Thursday, February 6, 2025, when Judge Julius Nang’ea issued a ruling in a case of the missing fisherman.
The family, led by his mother Elizabeth Auma, had sought to have Odhiambo produced in court following his disappearance in a matter that has the Director of Criminal Investigations – Nakuru East, the officer in charge of Lake Nakuru National Park, the Director of Public Prosecutions and the Attorney General as respondents.
In his ruling, Nang’ea found that there was not enough evidence to prove that the fisherman was under the custody of Lake Nakuru National Park or the Director of Criminal Investigations – Nakuru East Sub-County. Therefore, he did not give any further directions to the petitioners’ application.
“As the 1st and 2nd respondents ( DCI and officer in charge of Lake Nakuru National Park respectively ) have, however, denied having the subject in their custody and there being no sufficient evidence to the contrary, no further orders or directions will be issued in relation to the habeas corpus application. Let the prosecution process that is underway take its course,” part of Nang’ea’s ruling reads.
The judge indicated that the petitioners’ lawyer cross-examined the two entities extensively but they maintained that the missing fisherman was not in their custody.
On January 28, 2025, the two respondents; the DCI and the Lake Nakuru National Park officer, honoured the court summons after being ordered to present Odhiambo in court to which they did not, maintaining that he was not in their custody.
“The court did summon the 1st and 2nd respondents who appeared in court on 28/1/2025. They did not produce the subject explaining that he is not in their custody,” part of the ruling read.
However, the officer in charge of Lake Nakuru National Park, told the court that they had arrested around 11 people on January 18, 2025, for trespassing upon the park.
The officer told the court that upon arresting the 11 people, one of the suspects said to have been arrested separately fled to an unknown place after he was allowed to relieve himself in a bush.
Further, the officer told the court that they had not yet identified the trespassing suspect and was non-committal as to whether he was the missing person whose matter was in court.
The ruling also stated that DCI Nakuru East Sub-County also told the court that they conducted an Identification Parade of the officers said to have arrested Odhiambo but witnesses failed to pick any of them.
On January 21, 2025, the petitioners sought a writ of habeas corpus directing the respondents to present Odhiambo to court alleging that he had been arrested and assaulted by Lake Nakuru National Park officers on January 18, 2025.
Brain Odhiambo, who is a fisherman, went missing on January 18, 2025, and was said to have been arrested by Kenya Wildlife Services (KWS) officers at the Lake Nakuru National Park.
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