KWS, DCI under fire as court seeks answers on Brian Odhiambo

David Oyugi, a Kenya Wildlife Service (KWS) officer and the Assistant Director of Lake Nakuru National Park faced a tough time explaining the whereabouts of missing man Brian Odhiambo.

Oyugi took the stand yesterday at around 10:30 am, before High Court Judge Julius Nangea, to explain where Odhiambo, who allegedly went missing in the hands of his subordinates.

Pin-drop silence filled on the courtroom as friends and relatives of Odhiambo followed the court proceedings as Oyugi said his officers arrested a suspect on January 18,  but he escaped from their custody.

Oyugi said the suspect was arrested alone but 10 other suspects were arrested on the same day and they were taken to Bondeni Police Station. “We arrested the suspect for trespassing the park. He escaped before we booked him and we could not tell who he was,” said Oyugi who went ahead to imply that the suspect was not Odhiambo.

However, during cross-examination, lawyers Mogendi Abuya, and Paul Wanjir among others, poked holes in Oyugi’s evidence, he was unable to give key details in his alleged investigations as the park’s in-charge officer.

First, Oyugi was unable to prove that the suspect was not Odhiambo. When asked whether he knew Odhiambo, he said; “I do not know the person who was arrested. I am unsure if the suspect arrested was Odhiambo,” he testified.

Oyugi confirmed that he was not at the scene and he only relied upon statements from his officers to come to the conclusion that the man, suspected to be Odhiambo, escaped.

When asked about the suspect’s escape, Oyugi claimed the suspect escaped from the park’s vehicle while allowed to relieve himself, but could not explain how the man ran five kilometres to escape, especially since he had been tied with string rather than handcuffed. The officers had concluded that he was not hostile when they let him take a short call.

Oyugi failed to explain why the officers drove the suspect to the park, instead of taking him to Bondeni Police Station like the 10 other suspects.

He informed the court that he did not lodge an official complaint or send a signal of an escapee to other security agencies for investigations.

Another issue that arose was the claim that the suspect, believed to be Odhiambo, was assaulted by the officers and witnesses recorded statements to the effect.

Oyugi maintained that no one was assaulted, but at the same time was unable to explain how he knew the same.

“You did not see the suspect and only relied on what you were told, how can you then say he was not assaulted?” asked Abuya.

Further, he was shown a statement from Odhiambo’s mother Elizabeth Auma who stated that she witnessed her son being assaulted by KWS officers.

“Did the officers report to you about the suspect’s condition and his escape?” asked Abuya.

Oyugi said he was also willing to produce the six KWS officers to testify in court on the same.

Oyugi was further asked whether he had obeyed the court order that directed him to produce Odhiambo alive or dead and whether he was taking the matter seriously.

He said he had not taken action against the six officers and he was waiting for a directive from the main office. “I have not taken any disciplinary action against the officers. I am not covering up, but I do not know when the actions will be taken by the main office,” he said.

The Director of Criminal Investigations (DCI) distanced itself from Odhiambo’s disappearance, blaming KWS instead. However, the DCI struggled to demonstrate progress in their investigation.

Samuel Ngeiywa, the DCI officer in charge of Nakuru East, confirmed that the officers were facing charges of abduction to murder, but could not produce evidence of their findings, including phone data or details of the identification parade.

The court will rule on February 6, having taken note of the testimonies presented. Judge Nangea stated he would not summon the six officers to testify. At first, Ngeiywa maintained that no one reported that Odhiambo had allegedly been assaulted, but during cross-examination, he confirmed that Odhiambo’s mother Auma, and his wife Alvy Okello had reported the same.

Ngeiywa said they traced Odhiambo’s mobile phones to the White House and Karunga areas in Nakuru. However, he failed to produce evidence showing they visited the two areas.

He said they conducted an identification parade for the six, but he was not present and could not produce evidence showing those who underwent the parade were the same officers who were arrested.

Further, he failed to produce documents from mobile service providers, Safaricom and Airtel, showing the data collected from Odhiambo’s phone and those from KWS officers.

He insisted the data would have shown if Odhiambo and the KWS officers were together.

Ngeiywa was unable to tell if action had been taken against the six, he was unable to tell why the escape was not reported, but agreed that the events were not ordinary.

“We are aware the suspect was arrested along with 10 others, but we did not question the others. The last person allegedly seen with the suspect was a KWS officer,” he said.

The court took note of the testimonies and will rule on February 6. The judge said he would not summon the six officers to testify.

Odhiambo’s mother has since called for justice and the production of her son whether dead or alive.

Auma who composed herself after weeping for over 10 minutes outside the court said she had not been sleeping over the past 12 days as she awaited her son’s return. “My son did not steal from anyone or injure anyone. He was good and if he was a criminal he should have been arrested and charged. Wherever they are keeping him they should bring him to me,” she said.

Akello said their two children have been asking her about their dad, with the youngest crying every day to the point of getting sick.

She said she can no longer go to work amidst the trauma, tension, and mental strain she is facing.

“I pray to God that he returns to us no matter his condition. We want justice,” she said.

Following the court session, police had to engage in running battles with angry residents demanding the production of Odhiambo. Youth leader Evans Kimori said the demonstrations would continue to pressure authorities to fast-track the case. “Someone must be held responsible and jailed,” he asserted.