The family of Brian Odhiambo will have to wait much longer to know what happened to their kin, after the court gave further directions to the Police and Directorate of Criminal Investigations (DCI), to review and expand the scope of their investigations into the disappearance of Odhiambo.

Alvy Aoko (Odhiambo’s wife) and Vocal Africa had filed a petition seeking a public inquest into the disappearance of Brian Odhiambo.

In his ruling, Principal Magistrate Vincent Adit directed the DCI and police under the supervision of the ODPP, to carry out comprehensive investigations and present their findings within 30 days.

Principal Magistrate Vincent Adit during a court session on March 4, 2025.

Photo credit: BRET SANYA/MTAA WANGU

“The Police and the DCI will forward the files to the ODPP and the ODPP is obligated to review and evaluate the findings and formulate recommendations within 21 days,” the Principal Magistrate says.

“Additionally, the ODPP, Police and DCI are required to keep Alvy Aoko informed of the progress of the investigations. Alvy Aoko and Vocal Africa will be engaged by the ODPP while the police and DCI are to provide necessary information, evidence materials or witnesses who are important to the investigation,” Mr Adit directed.

The ODPP, Police and DCI are required to follow the orders given within the next 60 days, failure to which Alvy Aoko and Vocal Africa can approach the court to seek the public inquest.

Speaking to Mtaa Wangu, Abuya Mogendi the advocate representing Aoko and Vocal Africa says the court directive is a step into the right direction.

“Our application was found to have merit only that the court gave stipulated timelines for respondents to carry out extensive investigations and report their findings,” he says.

Mr Mogendi however pointed out the issue that the family were not being updated over the status of the investigations.

“The family felt like there was so much secrecy into the investigations surrounding the disappearance of their kin and they wondered what investigations are being carried out when in essence they are not being engaged,” he says.

On the question of whether their application for an inquest had been granted?

The advocate says, “The orders have been granted partially. We are holding the inquest until the respondents do what the court has ordered them to do. The court is of the view that if they don’t then we have to do the inquest anyway.”

Advocate Abuya Mogendi during a court session on March 4, 2025.

Photo credit: BRET SANYA/MTAA WANGU

Brian Odhiambo was last seen on January 18 after he was arrested by KWS officers in Kivumbini estate.

This consequently led to protests in Kivumbini that lasted for over six days and soon after, a habeas corpus application was filed in court, demanding the KWS and the DCI to produce Brian Odhiambo in court dead or alive.

Judge Julius Nang’ea in his ruling said that Elizabeth Auma and the Independent Medical Legal Unit failed to prove that Brian Odhiambo was in the custody of KWS and DCI, he also recommended the investigation process to take its due course.

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