Brian Odhiambo case: Missing person report not recorded in OB, court told
A portrait of Nakuru fisherman Brian Odhiambo who disappeared on January 18, 2025 after being arrested by KWS officers at Lake Nakuru National Park.
A senior Kenya Wildlife Service (KWS) ranger was at pains to defend allegations of conspiracy to abduct Nakuru Fisherman Brian Odhiambo who disappeared in unclear circumstances.
Senior Sergeant Francis Wachira struggled to explain several discrepancies relating to their handling of Mr Odhiambo, a 31-year-old fisherman they had arrested over claims of illegal fishing activities at Lake Nakuru National Park.
Among key queries include their failure to record the incident of Mr Odhiambo' disappearance in the Occurrence Book and the decision to leave him in custody of only one officer in the park.
The prosecution, together with lawyers holding brief for Odhiambo's family maintained a theory that the officers hatched a scheme to cover up for the abduction by alleging that Odhiambo had escaped lawful custody.
Brian Odhiambo disappeared on January 18, 2025, while in the hands of the KWS rangers who had pursued him from the park to his home area in Manyani estate, Nakuru county.
The KWS officers claim Mr Odhiambo escaped from the custody of one officer who was Manning him inside the park after requesting to be allowed to relieve himself.
But the prosecution has raised a case against six rangers among them sergeant Wachira alleging conspiracy to abduct and cause disappearance of Mr Odhiambo.
Other suspects include Alexander Lorogoi, Isaac Ochieng, Michael Wabukala, Evans Kimaiyo and Abdurahman Ali who were first arraigned on May 5, 2025, and were charged with the abduction with intent to confine Mr Odhiambo at unknown place.
Mr Wachira who was the last of the suspects to take to the stand had a hard time defending himself and his team from the charges of abduction.
In his more than four hours testimony Mr Wachira sought to explain how Mr Odhiambo's disappearance was a normal case of suspects escaping the lawful custody while in the park arguing that the officers were only conducting their routine duties.
Mr Wachira told the court he was the one in charge of the routine operation of the January 18 2026 that had been planned the previous day. The court heard that Wachira had requested his boss company Commander to give him a quick response team to carry out monitoring operations at the Lake Nakuru National Park.
"On January 18, 2025 I engaged Mr Kamande the immediate company Commander at Lake Nakuru National Park to give me a quick response team to carry out operations the following day which he agreed. On the following day I called the driver Gedion Chemirmir before we went to pick other officers in the park," said Mr Wachira.
The group proceeded to the Lion Hill area in Sector 1 where they did a rhino monitoring before heading towards Lake Nakuru in Marikina.
Upon arrival at Sewage area at around 10 am, they met a man who was being pursued by another KWS land Cruiser.
"Change of cars"
Two of his officers jumped out of the vehicle to pursue the suspect who had jumped out of the park through the fence. They managed to arrest him tied him with a rope before bundling him onto the land Cruiser and drove to the sewage area where another Landcruiser driven by one Mr Sudi was stationed.
Mr Wachira claimed to have instructed the officers to move from Sudi's car and board his vehicle while the suspect moved to Sudi's vehicle before they drove to Ndarugu area.
The court heard that Wachira called Sudi through a radio call at around 2pm to establish the status of the suspect, but was shocked to learn that (the suspect) had escaped.
"Sudi told me he the suspect had requested to relieve himself but escaped. When he tried to pursue him, he assaulted him. He said he was still self-medicating from the injuries suffered.,"
Wachira continued that he became upset with Sudi and immediately notified his boss Mr Kamande about the escape and he instructed him to order Sudi to leave where he was and head towards Education offices to park the vehicle and move to the nearest observation point to try finding the suspect using the binoculars.
"I did as instruct and Sudi obliged. I called our driver to come pick us and take us to the offices near the main gate. We had nine suspects with us and we had to be ferries in two trips," said Wachira.
The officer said they escorted the suspects to the Central Rift KWS headquarters for processing before they were handed over to the police. At around 5pm the team escorted the Suspects to the Bondeni Police station where they were book.
Wachira then proceeded to give the evening briefs to his bosses. He then reached out to Sudi to find out if he had made any headway in searching the suspect.
" He said he had not seen the suspect. I ordered him to come to the district gate to take his team for the evening duties. We wanted them to check if the suspect would use the darkness to escape from his hideout," he said.
However, they never found him. Wachira claimed to have seen the suspect who he said was a tall and slim man who was wearing black clothes.
However, the prosecution put him to task to explain why they had recorded the incident on the remarks section of the OB and after the OB had been checked.
According to lawyer Obuya Mugendi, the report was an afterthought since no such report was made between 10 am when the officers left for the operation and 5 pm when the OB was closed.
"The escape, according Sudi, happened at 2pm but there is no explanation as to why it was not captured in the OB between the 10 am when the OB for the operation was entered and 4 pm when a different OB was entered'," he paused.
Wachira in his defense claimed he was not the one responsible for recording of the OB. He denied that the OB was an afterthought.
The prosecution further questioned why he had to leave one officer alone with the suspect.
Lawyer Mogendi wondered how the suspect who was visibly exhausted could overpower an officer who Wachira claimed was most technically fit among the officers.
Wachira argued that it was the only option since the number of available rangers is less than the magnitude of work in the park.
"We do that always since we have more work than we have the volume of work done at the park," he said.
Mr Wachira and his five junior rangers were placed to their defense on March 3 after the court found them with a case to answer.
One more defense witness is expected to testify on September 21.
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