A Nakuru High Court has dismissed a petition that was filed by Independent Medical Legal Unit(IMLU) over disappearance of Fisherman Brian Odhiambo in the hands of Kenya Wildlife Service officers from Lake Nakuru National Park.
Brian went missing on January 18 after he was arrested by KWS officers.
In the petition, IMLU and Odhiambo’s mother Auma through Legal team sought that the court compels KWS and DCIO Nakuru East to produce in Court Brian Odhiambo either alive or dead.
Orders that were granted by High Court Judge Justice Julius Nagea who last week ordered Kenya Wildlife Service and the Directorate of Criminal investigations to provide Odhiambo in court dead or alive.
However, while appearing in court, the agencies failed to produce Brian in court.
Nakuru East DCIO Samuel Ngeiywa and the in charge Lake Nakuru National Park Mr.Oyugi refuted that Brian was in their custody.
They claimed Brian Odhiambo had escaped and they were not aware of his whereabouts.
In a ruling delivered on Thursday February 6, Nakuru High Court judge Julius Nangea dismissed the IMLU petition citing lack of prove beyond reasonable doubt that Brian was in the custody of KWS and DCI.
A ruling that has been received with dissatisfaction from IMLU and Nakuru Human Rights Defenders.
According to IMLU legal team, they will be appealing the ruling to ensure justice is served.
David Kuria- a representative of IMLU in Nakuru decried foul in the manner in which the case was handled.
He told off government agencies for trying to hinder justice in the matter.
“I want to express my dissatisfaction in the manner in which this case has been handled,” he stated.
Sentiments echoed by Hussein Khaled who pointed out that there was some interference in the case.
He reiterated that they will be taking the next steps aimed at ensuring justice for Brian.
“We want to state here categorically that we are disappointed in the manner in which this case has been handled. We shall be taking the next step. Our stand is clear that we shall continue to demand that Brian be produced,” he stated.
This even as tension remains high in Kivumbini, Flamingo and Bondeni as youth demand justice for Brian.
A spot check, police deployed in various spots.
