Prison officers jailed for aiding escape of varsity attack terrorists

Kamiti Maximum Security Prison in Nairobi where convicted terrorists linked to the Garissa University attack were held. [File, Standard]

Three prison warders at Kamiti Maximum Security Prison were on Monday sentenced for facilitating the dramatic 2021 escape of convicted terrorists linked to the Garissa University attack, bringing closure to a case that exposed critical security lapses at the country’s most fortified correctional facility.

In his ruling, Senior Principal Magistrate Boaz Ombewa handed down sentences balancing the gravity of the offences against mitigating factors, including the officers’ remorse and their personal circumstances.

Officers Robert Kipkirui Soi and Kaikai Talengo Moses were each sentenced to six months imprisonment or a fine of Sh100,000 for the offence of neglect of official duty.

Officer Willy Wambua received a harsher penalty of a total jail term of three years or a fine of Sh1 million for two offences of aiding the prisoners’ escape and facilitating meetings of convicted terrorist inmates at Kamiti Prison.

“The escape of convicted terrorists from Kamiti Maximum Security Prison was a deliberate breach of duty that endangered national security and public trust.

“Prison officers are entrusted with the custody of some of the most dangerous criminals in the country, and any act of negligence or facilitation cannot be tolerated, as it threatens the safety of all Kenyans,” Magistrate Ombewa stated

The magistrate noted that he had carefully evaluated all mitigations presented by the defense, victim impact reports from various security agencies, and significantly, the fact that the accused persons were remorseful for their actions.

Convicted terrorists

“Having considered all the mitigating factors, I hereby sentence Accused Number 4 to pay a fine of Sh100,000, or in default, serve six months’ imprisonment. Accused Number 11 shall also pay a fine of Sh100,000, or in default, serve six months. Accused Number 12, having been convicted on two counts, shall pay a fine of Sh400,000 for Count 2, or serve one year, and a fine of Sh800,000 for Count 5, or in default, serve two years’ imprisonment,” Ombewa ordered.

The convictions stem from events on the night of November 14, 2021, and the morning of November 15, 2021, when three dangerous convicted terrorists Musharaf Abdala alias Shukri, Mohamed Ali Abikar, and Joseph Juma Odhiambo, escaped from GK Kamiti Maximum Security Prison in Kasarani, Nairobi.

The three inmates were serving lengthy sentences of 42, 22, and 15 years respectively for terrorism-related offences, including direct involvement in the 2015 Garissa University massacre that claimed 148 lives, mostly students.

State witnesses

Following the dramatic escape, several prison officers were arraigned. They included suspended Kamiti Prison boss Charles Mutembei Gerrard alongside Edwin Muhia, Silvester Musyoka, Bernard Muendo, Boniface Njoronge, Joseph Nakwai, Onesmus Rono, John Muchui, Bernard Mokua, Nicholas Otieno, Robert Kipkurui, Kaikai Talengo and Willy Wambua.

During the trial, the DPP however turned some of the arrested officers, including Mutembei, into State witnesses against the junior officers.

The court records reveal the DPP relied on 14 witnesses and proved beyond reasonable doubt that the three convicted officers aided the escape through a combination of negligence and deliberate facilitation.

The rest were, however, freed for lack of evidence.

In his judgement Ombewa found that Kipkirui and Talengo, being Kenya Prisons Service officers, jointly and willfully neglected to prevent the escape of the convicted prisoners, failing in their fundamental duty to safeguard inmates in lawful custody at the nation’s highest security prison.

According to the court, Wambua’s crimes were more calculated and extensive. The court established that on or before November 15, 2021, he directly and indirectly aided the escape of the convicts and organized unauthorized meetings between four convicted terror inmates who had escaped namely Musharaf, Abikar and Odhiambo at Condemned Block A Cell Number 6 by facilitating the movement of another convict Abdul Majib Yassin from Cell Number 2 to Cell Number 6.

Further evidence tendered in court showed that prison warders, jointly directly and or indirectly conveyed or caused to be conveyed instruments namely blankets, metal bars, wooden sticks, nails, razor blades and chisel into the said prison facility condemned block A, Cell no. 6 with intent to facilitate the escape of the prisoners who were in lawful custody serving sentences for terrorism related offences.

Ombewa noted that the escape was clearly well-planned and must have taken a considerable amount of time to execute, indicating a sustained breach of security protocols rather than a momentary lapse.

“The meticulous planning and execution of this escape demonstrates a deliberate and sustained breach of security. This was not a momentary lapse but a calculated act that endangered national security and undermined public trust in our prison system,” the magistrate stated while finding them guilty of the offences.

The DPP had on Monday pushed for maximum sentences to be imposed on the three officers, invoking Kenya’s international obligations under the Financial Action Task Force recommendations and citing the country’s history with terrorism.

Family responsibilities

During mitigation, Kipkirui told the court that he deeply regretted his lapse in duty, emphasising his long service in the Kenya Prisons Service with no prior misconduct, and requested leniency so he could continue supporting his family.

Talengo pleaded with the court to consider a non-custodial sentence in light of his family responsibilities.

Wambua, 53, was described as a law-abiding officer with a history of bravery, including stopping other prison escapes and receiving official commendations.

“I take full responsibility for my actions. Having served over 30 years with a clean record, I ask for a reduced sentence given my age and that this is my first offence,” Wambua told the court.

The court allowed all three officers 14 days to appeal the decision.