Court proceedings at the Nakuru Law Courts were on Thursday disrupted for several hours as family and friends of missing fisherman Brian Odhiambo caused chaos to protest the dismissal of his alleged disappearance case.
Family members were overwhelmed by anguish and broke into wailing after Justice Julius Nangea declared that there was insufficient evidence to support the claim that Brian had been detained by Kenya Wildlife Service (KWS) officers.
“Mimi nataka tu haki ya mtoto wangu, hakuna kitu ingine nataka, ni mtoto wangu tu nataka haki itendeke…” said Brian’s mother Elizabeth Auma.
Auma’s heartbreaking wails echoed through the courtroom as she collapsed in despair before the judge.
“Mimi mwenyewe niliona KWS wakichukua mtoto wangu, wakirusha kwa gari. Kwa nini wasinitolee mtoto wangu kwenye walipeleka? Kwa nini wanifanyie hivi? Hata wao ni wazazi,” she lamented.
In his decision, Justice Nangea stated that there was no sufficient evidence to prove that Brian had been detained by KWS officers. As a result, he declined to issue any further directions in the case.
“The petitioners’ advocates extensively cross-examined the first and second respondents, but they maintained that the subject is not in their custody. It boggles the mind how the subject just disappeared into thin air in Lake Nakuru National Park and failed to return home. As the first and second respondents have denied having him in their custody and there is no sufficient evidence to the contrary, no further orders or directions will be issued in relation to the habeas corpus unless the prosecution that is underway takes its course,” stated the Judge.
The ruling sparked disappointment and outrage among human rights activists, who caused chaos along the court corridors, terming the decision a miscarriage of justice.
“We have set a very bad precedent with this particular decision. What it means is that police can come and arrest me today, even confirm to the court that they arrested me, do what they want to do, and then tomorrow go to court and say that I ran away, and the court sides with them,” human rights activist Hussein Khalid said.
For more than two hours after the judgment, Brian’s family, friends, and activists remained gathered outside the courtroom, still reeling from the verdict as they deliberated on their next course of action.
The family lawyer expressed concerns that the ruling had been rushed and delivered in his absence.
“We will consider an urgent appeal. We are also considering going for an inquest into the false disappearance of Brian and moving to see whether the family of Brian can get compensation, although we know that no compensation could bring back Brian,” family lawyer Mogendi Abuya said.
Nakuru East MP David Gikaria added: “Nilipigia wakili simu, akasema kesi ni saa tano unusu. Mimi nafika saa tano kamili napata eti judge ametoa uamuzi. Inakuaje hivi kukata maamuzi bila wakili wetu au familia? Hata kama angetoa maamuzi wakili wetu akiwa, angalau wakili wetu angeongea na kusema kile tunataka. Naomba watu muweke amani na tutulie, tutarudi court.”
Brian Odhiambo went missing on Saturday, January 18, with locals claiming to have seen him being forcibly taken away by KWS officers.
His disappearance triggered widespread protests, which escalated into violent clashes for five days as angry residents confronted security forces in Nakuru Town East.
Demonstrators even set parts of Lake Nakuru National Park on fire, demanding Odhiambo’s immediate release and accountability from authorities.
