Police explore 5 theories in Justice Odek’s death – Weekly Citizen

Police are exploring five theories on the death of Court of Appeal Judge Justice James Otieno Odek. The lifeless body of the 56-year-old judge was found at serviced Groovehut Apartments, a stone’s throw from Kisumu Central Police Station. The judge was part of the team of Court of Appeal judges who had travelled to Western region to hear cases.

One of the theories police are exploring is the possibility Justice Odek could have been killed to stop him from testifying in a high volatile corruption case against renowned lawyer Tom Ojienda. The Director of Public Prosecutions Noordin Haji had lined up Justice Odek as a prosecution witness in the case against lawyer Ojienda over alleged Sh89 million fraud at Mumias Sugar Company and obtaining money under false pretense.

Judge James Otieno Odek

In a statement on December 31, 2018, Haji noted that although the judge was a partner of Prof Ojienda at Odek, Ojienda and Wanyama Advocates, investigators did not find any evidence that would have linked him to the graft allegations. Prof Ojienda is also accused of faking court proceeds to obtain money as legal fees from the sugar miller.

According to sources, detectives are exploring this theory going by the manner the body was found which points at the possibility the judge could have been killed and sex-enhancing tablets placed in the bedroom to cover up. This theory is given credence by the fact that Justice Odek was found face-up naked in his bed, with a blanket drawn up below his chest, which points to a cover up.

Three sex-enhancing tablets, in a packet of six, had been taken but it was not known by whom or when, a police report says. Curiously, the body was lying with one hand behind his head while blood oozed from his private parts and from his left ear and a hand was bruised, which points to a possibility of a struggle.

Sources add that the detectives are exploring the possibility that Justice Odek could have committed suicide. This theory is given credence by the fact that the house in which Justice Odek’s body was found was locked from the inside with the keys and his phones found intact. The television set was also on when the body was found. The detectives are exploring the possibility the judge could have swallowed the sex-enhancing tablets, without having a woman partner, to kill himself due to stress.

They are relying on the report by his driver that when he went to pick him he found the door locked and proceeded to report to Kisumu Central Police Station. This means the judge was alone in the house when he took his life. The detectives, sources add, are also exploring the possibility that Justice Odek could have been killed as part of the war to succeed Chief Justice David Maraga. Justice Maraga is expected to retire before the 2022 General Election, meaning his successor will be tasked with leading the Supreme Court should a presidential candidate petition the results.

This theory is given credence by Justice Odek’s rich resume and political connections which would have made him the ideal candidate to replace Maraga. Insiders add that the judge was also in good books with President Uhuru Kenyatta and ODM leader Raila Odinga, which would have boosted his chances of succeeding Maraga. Coupled with the right political connection is his wide experience which would have made him the ideal candidate.

Justice Odek, who was sworn in as Court of Appeal judge in 2012, is the former Dean in Faculty of Law, University of Nairobi and had unsuccessfully applied as a Supreme Court judge. He also worked as a researcher with the Kenya Institute of Public Policy Research and Analysis besides being a consultant African Centre for Technologies Studies Nairobi. He also served as Director of the Judiciary Training Institute from 2016 to 2018.

Sources add that the detectives are also exploring the possibility that Justice Odek could have been killed to stop him from determining sensitive cases already in his desk. Justice Odek, together with Justices Patrick Kiage and Milton Makhandia were hearing a case in which five suspects face Sh2.3 billion land fraud.

Sukwinder Chatte, Ian Maina, Philip Odongo, Epanaito Okoyo and Crossley Holding Limited were put on their defence following a successful appeal by the DPP over their acquittal.

The suspects, alongside their co-accused, Adulakadir Elkindy, a former magistrate and Moses Osewe, were found to have conspired to defraud the state firm of 9,394 acres between May 21, 2007 and January 30, 2008.

Justice Odek alongside his colleagues were set to give a ruling coming February on whether to put the suspects on their defence or not. Justice Odek was also among the three bench judges alongside Makhandai and Kiage handling the Kibos pollution appeal case. The case was due for judgment on December 19. Three Kisumu East residents sued the sugar factory in October last year. Sources add that detectives are also exploring the possibility Justice Odek was a victim of a love affair gone sour.

They are relying on reports that he drove himself to a club which points to a mentally disturbed man.