The mystery surrounding the abduction of a 31-year-old Nakuru man continues to deepen with authorities now claiming they don’t know his whereabouts.
Happening at a time when the country is alive to the disturbing matter of forced disappearances and abductions even as the state gives a lackluster response to calls of ending the emerging malaise, residents of Lake View and Kivumbini, lawyers and human rights activists yesterday flocked High Court in Nakuru hoping to have a glimpse of Brian Odhiambo.
This was after the court ordered that he be produced by security agencies in Nakuru. However, they were forced to leave the courtroom heartbroken, with more questions than answers.
Also present in court were Odhiambo’s wife Alvy Okello and his mother Elizabeth Auma who keenly followed the proceedings with high hopes of setting their eyes on Odhiambo.
Justice Julius Nangea last week ordered Kenya Wildlife Service (KWS), and the Directorate of Criminal Investigations (DCI) to produce Odhiambo in court dead or alive.
Further the DCI and the in-charge Lake Nakuru National Park were to appear in court in person to explain the reasons for Odhiambo’s arrest.
Judge Nangea issued the orders following an application filed by the Independent Medical Legal Unit (IMLU) and Odhiambo’s mother Auma through Lawyer Mogendi Abuya.
IMLU and Odhiambo’s mother, in the petition, claims the officer in charge of the park has failed to produce him or disclose his whereabouts.
They claim the circumstances surrounding the arrest of Odhiambo remain unclear, adding that he has been denied basic rights.
“During the arrest, the officers used excessive force, including beating the victim with batons, causing him physical harm and distress,” read the petition in part.
IMLU and Odhiambo’s mother claim the DCI and KWS’s failure to provide clear information on Odhiambo’s whereabouts constituted a violation of his constitutional rights and undermined the rule of law.
The DCIO Nakuru East, the Officer-in-charge of Lake Nakuru National Park, the Director of Public Prosecutions, and the Attorney General are listed as respondents in the case.
For a week residents of Lake View and Kivumbini protested, demanding the release of Odhiambo. Their efforts have, however, failed to bear fruit.
Locals claim they saw KWS officers assault Odhiambo before arresting him and bundled him in a waiting vehicle inside the park on January 18 at around 10 am.
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During the protests as locals demanded the release of Odhiambo, several people were shot. A resident, Eliud Ochieng’ was among those reportedly shot by KWS officers outside the park. He was shit in the left leg and was left with serious fractures.
Students of Kimathi Secondary School in Lake View were also caught up in running battles between the police and protestors. Police lobed teargas canisters at the learners while attempting to disperse protestors who were demonstrating against Odhiambo’s disappearance.
At least 20 students were affected by the smoke and had to be rushed to Langa Langa Sub-County Hospital with breathing difficulties.
Yesterday Nakuru Town East MP David Gikaria called for calm among the youths. He said those responsible should be brought to book and serious action taken against them.
After KWS and the Directorate of Criminal Investigations (DCI) Nakuru East failed to produce Odhiambo in court as ordered, they claimed that Odhiambo, who was arrested, had escaped from their custody on January 18.
In an affidavit filed yesterday, Abdulrahman Ali, a KWS ranger confirmed to the court that they had arrested Odhiambo.
“Our team arrested the suspect conducting illegal fishing at the Sewage area during their routine patrols. He later requested to relieve himself as he was pressed but when I allowed him, he escaped,” submitted Ali.
Ali added that he attempted to apprehend the man believed to be Odhiambo, but he escaped.
He denied allegations that Odhiambo was assaulted and injured by the officers.
The officer added that Odhiambo was not processed and they could not identify him.
He said that he could not produce Odhiambo because he was not under their custody and prayed for the court to dismiss the petition filed against KWS over Odhiambo’s disappearance.
Samuel Ngeiywa, the Superintendent of Police at DCI Nakuru East said in his affidavit that he was investigating Odhiambo’s alleged abduction
He said Odhiambo was never processed at the DCI and he is not in their custody. However, he said his disappearance was reported by his wife and mother on January 19.
“The report was booked under OB 23/19/1/2025. I recorded statements of the two and four others; Agnes Achieng, Carlos Otieno, Joseph Machama and Alex Maina,” submitted Ngeiywa.
He said they all blamed KWS for having arrested Odhiambo and he visited the scene where KWS said that he managed to escape.
Further, Ngeiywa said that communication on the missing Odhiambo was circulated by the OCS Bondeni Police Station to all police stations, posts and patrol bases in Kenya.
“To date no tangible information has been received on the whereabouts of Odhiambo,” he wrote in the affidavit.
Ngeiywa said he also wrote to Safaricom and Airtel to track call data and when his phone was tracked, it was found to have been switched off within Karunga area.
According to Ngeiywa, six KWS officers recorded statements at the DCI offices who interacted with Odhiambo were recorded on January 22.
“The six confirmed that they had arrested a person whom they had not taken his name before he escaped. They said they were not aware if the person was Odhiambo,” he deposed.
He said the six were arrested for alleged abduction, but were released pending completion of investigations.
He added that identification parade of the six was ongoing
The judge directed the reply to be filed by tomorrow (Thursday) when he will give further directions.
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