NAKURU, Kenya — The Independent Medico-Legal Unit (IMLU) has issued six demands to the government following a Nakuru court ruling that found sufficient evidence for six Kenya Wildlife Service (KWS) officers to be placed on their defence over the alleged enforced disappearance of Brian Odhiambo.
In a statement released Wednesday, IMLU welcomed the decision by the Nakuru Magistrate Court, describing it as a significant milestone in the pursuit of justice.
“This determination is a significant victory for Brian’s family, who have endured over a year of anguish, state denial and bureaucratic delays,” the statement read.
However, the organisation expressed concern that Odhiambo’s whereabouts remain unknown despite the court’s ruling.
Odhiambo, a 31-year-old fisherman, was last seen on January 18, 2025, allegedly being forced into a KWS vehicle near Lake Nakuru National Park. According to IMLU, the state maintained misleading narratives for months that obscured the truth.
The court found that witness accounts and telecommunication data placing the accused officers at the scene warranted a full defence hearing.
IMLU outlined six key demands aimed at addressing what it described as a broader pattern of enforced disappearances in the country.
First, the group called for full implementation of the Prevention of Torture Act and the National Coroner’s Service Act.
It urged authorities to operationalise the Coroner General’s office to guarantee independent forensic investigations into enforced disappearances and extrajudicial killings.
Second, it demanded the enactment of a standalone law criminalising enforced disappearances in line with international standards.
Third, IMLU called for the immediate establishment of a national database for enforced disappearances, accessible to human rights bodies and affected families, alongside relentless prosecution of all perpetrators regardless of rank.
The organisation also urged Kenya to ratify the International Convention for the Protection of All Persons from Enforced Disappearance and the Optional Protocol to the Convention Against Torture.
It asked the government to invite UN Special Rapporteurs on Torture and Enforced Disappearances to conduct an independent assessment of the country’s compliance with human rights obligations.
IMLU further demanded that at least 30pc of the Victim Protection Trust Fund be allocated to mandatory compensation, psychosocial support, and rehabilitation for victims and their families.
It also called for a specialised legal aid programme for enforced disappearance cases.
Additionally, the Unit pressed for publication of a public database of security officers implicated in human rights violations and insisted that officials linked to such abuses be barred from holding public office.
“Mandatory, continuous human rights training on due process must be integrated across all security forces, including the Kenya Wildlife Service,” the statement said.
The organisation also urged amendments to the Witness Protection Act and the Victim Protection Act to ensure robust, state-funded protection for witnesses and victims who speak out against alleged state-sanctioned crimes.
IMLU described enforced disappearance as a crime that leaves families in a state of “ambiguous loss,” warning that the alleged use of protected conservation areas as sites of state-led violence undermines the mandate of conservation agencies.
Commending the Judiciary, the organisation said the ruling sends a strong signal against impunity.
“By ruling that there is a case to answer, the Judiciary has sent a clear message: the badge is not a license to abduct, and the uniform does not grant immunity,” IMLU stated.
