The six Kenya Wildlife Services (KWS) officers implicated in the disappearance of Brian Odhiambo, the Nakuru fisherman who went missing two weeks ago after he was picked by the wardens, are now facing interdiction.
This is after the Nakuru East Sub County Criminal Investigation Officer Samuel Ngeiywa recommended to the Office of the Directorate of Public Prosecution(ODPP) to charge the six officers in court.
Appearing before Justice Julius Nangea on Thursday during cross-examination of his affidavit dated January 27, he said that ODPP should consider charging the six with the offence.
Mr Ngeiywa appeared in court after he was ordered to appear in person to explain the whereabouts of Odhiambo, who was picked up from his home by KWS officers on January 18 and has not been seen since.
The officers were identified as Senior Sergeant Francis Wachira Gachoki, Ranger Driver Abdulrahman Ali Sudi, Ranger Isaac Ochieng, Ranger Evans Kimaiyo, Michael Wabukala and Alex Lorogoi.
According to Mr Ngeiywa, the six KWS officers from Lake Nakuru National Park were last seen in contact with Odhiambo on that day before he went missing.
“In the wisdom of the ODPP if he approves the charge of abduction to murder, and if they find that there is sufficient evidence to charge the six officers, I recommend the charges but it will be upon the ODPP to read through the file and make his independent decision,” he said.
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In his cross-examination, the lead counsel of the petitioners Mr Abuya Mogendi questioned Mr Ngeiywa if any disciplinary action has been taken against the six officers.
He questioned why Mr Ngeiywa indicated in his affidavit that he was not aware that Odhiambo was brutally attacked by the officers and yet the witnesses’ affidavit bears the same saying that he was trying to cover for someone.
He wondered why the DCIO said that the KWS officers did not record details of the suspect whom they said escaped from custody and yet it should be an ordinary process or even charging the officers for delegation to duty with no reason.
“The DCIO says that he did not receive any report of a missing person or an alarm of a missing person yet they are saying he escaped while in their custody. He says that he should not be blamed for his disappearance and if anyone responsible for producing Odhiambo is KWS,” he said.
Assistant Director in-charge of Lake Nakuru National Park David Oyugi who also appeared in person told the court that a total of ten suspects were arrested on January 18, one of whom was a minor.
He said that one suspect who was allegedly arrested at the sewage area escaped from a KWS vehicle before he was processed, while the rest were processed and arraigned in court.
“The suspect whom I know about was not assaulted according to the information that I have, I do not even know his name. We arrested a suspect and not Brian Odhiambo,” he said.
In the cross-examination, Mr Mogendi wondered why the suspect who is said to have escaped from custody was not handcuffed and yet he had been arrested by officers and had only been tied with a string.
He questioned how the suspect escaped and yet the officer in charge confirmed to the court that the park has a double fence and one can only enter the park through the gazette gates and not through the fence.
Mr Mogendi further prayed the court to allow the six officers to appear before the court and give their evidence before a final decision is made on the petition.
“What they have given is a repetition entirely of the affidavits and nd to those affidavits we are filing responses; the explanation the two officers are giving is not satisfactory. We are of the view that we may want to have the six officers before you now that we have an affidavit by one officer, we think they are accessories and they need to appear before you,” the lawyer said.
“I have heard the first and second respondents regarding their application. At this point, the court is only dealing with the habeas corpus. It was the first and second respondents who were directed to give the information on the whereabouts of the said Brian Odhiambo. The court will give its ruling regarding the habeas corpus application next week,” he directed.
