Chaos erupted as emotions ran high at the Nakuru law courts on Thursday, February 6 after Justice Julius Nangea effectively threw out a case the disappearance case of Brian Odhiambo, a fisherman who went missing on January 18, 2025.

In his ruling, Justice Nangea indicated that the 1st and 2nd respondents denied having the fisherman in their custody. Therefore, he ruled that there was no sufficient evidence to prove that indeed Odhiambo was in the custody of Kenya Wildlife Service (KWS) at the time of his disappearance.

Locals and activists expressed their dissatisfaction with the ruling, claiming that justice had been denied to the family of Odhiambo.

“There is no justice for the poor in Kenya. If the court can give such a ruling while KWS officers were seen dragging Brian inside the park and now they say there was no sufficient evidence, it is so disheartening. If Brian was a relation to a powerful person or came from a well off family, we are sure justice would have prevailed, but since he’s from a slum with a family that has no voice in the country, then that is why his case is of no relevance to the court,” one of the activists present during the court session alleged.

“We have set a very bad precedent with this particular decision. What it means is that police can come and arrest me today, even confirm to the court that they arrested me, do what they want to do, and then tomorrow go to court and say that I ran away, and the court sides with them,” Hussein Khalid, another human rights activist, said.

While strongly faulting the judge for rendering the ruling in their absence and noting that there could be a conspiracy to deny justice, the lawyers vowed that they will file an appeal that will obligate the court to to institute a formal inquest into Brian Odhiambo’s disappearance.

“The decision of the court was rendered in our absence and this leaves a lot to be desired as far as we are concerned, there’s no in-depth analysis of what the court had done.”

“People are wondering if it’s the end of the case, but no, it is not since we are looking forward to consider making an application to appeal as well as ask the court to institute an inquest into Brian’s disappearance,” family lawyer Mogendi Abuya said.

The decision perplexed even the area MP David Gikaria, who read mischief in the manner the ruling was “hurriedly” delivered.

“Nilipigia wakili simu, akasema kesi ni saa tano unusu. Mimi nafika saa tano kamili napata eti judge ametoa uamuzi. Inakuaje hivi kukata maamuzi bila wakili wetu au familia? Hata kama angetoa maamuzi wakili wetu akiwa, angalau wakili wetu angeongea na kusema kile tunataka. Naomba watu muweke amani na tutulie, tutarudi court,” MP Gikaria said.

Brian Odhiambo goes missing

Odhiambo went missing on January 18, 2025, the day he was reportedly arrested by KWS officers at the Lake Nakuru National Park.

For Odhiambo’s family, it has been 20 days of traumatic and emotional searching, leaving no stones unturned, to find their loved one. But with each passing day, the hope of finding him slowly faded.

Last week, David Oyugi — a KWS officer and the assistant director of Lake Nakuru National Park — appeared in court to explain the whereabouts of the missing fisherman.

Oyugi told the court that Odhiambo was arrested by his officers on January 18, however, he escaped from custody. On this same day, 10 other suspects were arrested and 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 insinuate that the suspect who escaped was not Odhiambo.

During cross-examination, Oyugi told the court that Odhiambo escaped from the park’s vehicle after he was allowed to relieve himself. The lawyers, however, could not fathom how Odhiambo was not handcuffed, yet he had been arrested, and how he was able to run for five kilometers while his hands were tied up.

There are reports that the suspect was assaulted, with officer Oyugi refuting these claims.

His disappearance triggered widespread protests which escalated last week leading to protesters setting ablaze a section of the Lake Nakuru National Park demanding for his release.