The Director of Public Prosecutions (DPP) and the Kenya Wildlife Service (KWS) want the the court to dismiss an application for a public inquest into the disappearance of fisherman Brian Odhiambo.
In their responses to the application filed by the human rights group Vocal Africa and Mr Odhiambo’s wife, the two agencies argue that the court lacks jurisdiction to grant the prayers sought.
In her affidavit KWS legal officer Diana Sigei says it is the constitutional mandate of the DPP to institute or undertake any criminal proceedings against any person before any court.
According to her, the DPP is responsible for determining whether the body of a deceased person should be exhumed and examined.
“The orders herein can only be sought at the instance of the DPP directing the magistrate to conduct an inquest into the cause of a particular death. In the case of a missing person believed to be dead, the DPP shall give such directions as he or she deems fit in accordance with Section 386(1)(d) of the Criminal Procedure Code,” stated Ms Sigei.
KWS further argued that the application is premature as there is no body to prove the fisherman’s death, making it impossible to invoke any inquiry into his alleged disappearance or death.
The ODPP on his part claimed that it had already fulfilled its mandate by directing the Directorate of Criminal Investigations (DCI) to probe the disappearance.
Prosecution counsel Emma Okok told the court that the findings from the investigation had been forwarded to the ODPP for review and analysis.
“Upon receipt of the duplicate police file, we forwarded the same to the DPP for further perusal and advice, as this matter has immense public interest,” stated Ms Okok.
The application filed on February 14 seeks an inquest to establish the circumstances surrounding Odhiambo’s disappearance and ensure justice is served. The petition lists KWS, the DPP, the DCI and the Attorney General as respondents.
Odhiambo went missing on January 18 after allegedly being arrested by KWS rangers at Lake Nakuru National Park. His whereabouts remain unknown.
Attempts by his family and local residents to get answers from authorities have been futile with officials denying responsibility for his disappearance.
The application is supported by an affidavit from Vocal Africa Executive Director Hussein Khalid who claims Odhiambo’s case is one of forced disappearance.
Mr Khalid alleges that Odhiambo was accosted and taken into custody by KWS officers at Lake Nakuru National Park before vanishing under unclear circumstances.
According to him, the authorities’ failure to provide credible information regarding Odhiambo’s whereabouts raises serious concerns about possible state involvement or a cover-up.
The human rights defender further argues that the case is of immense public interestas it raises fundamental concerns about the right to life, security and liberty as enshrined in the Kenyan Constitution of 2010.
When the matter was mentioned in court on Wednesday the lawyer representing Odhiambo’s family, Abuya Mogendi, requested seven days to review the responses filed by KWS and the DPP.
