Three prison warders were on Monday sentenced to between six months and three years in jail for aiding the escape of convicted terrorists over four years ago.
Willy Wambua was jailed to three years with an option of paying a fine of Sh1.2 million while Robert Kipkurui Soi and Moses Kaikai Talengo were slapped with six months jail term or pay Sh100,000 each.
The three were found guilty of aiding the escape of Musharaf Abdala alias Shukri, Mohamed Ali Abikar, and Joseph Juma Odhiambo from Kamiti Maximum Security Prison on the night of November 14, 2021, and the morning of November 15, 2021.
The three terrorists made a dramatic escape from the country’s most guarded facility, where they were serving sentences of 42, 22, and 15 years, respectively, for terrorism-related offenses, including involvement in the brutal 2015 Garissa University attack that killed 148 people.
While handing down the sentences, the court said it had considered the gravity of the offences against mitigating factors, including the officers' remorse and their personal circumstances.
The court found Kipkurui and Kaikai guilty of neglect of official duty, while Wambua was convicted of two offences of aiding the prisoners' escape and facilitating terror meetings of convicted terrorists’ 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,” the court said.
12 jailers including former Kamiti Prison boss Charles Mutembei, Edwin Muhia, Silvester Musyoka, Bernard Muendo, Boniface Njoronge, Joseph Nakwai, Onesmus Rono, John Muchui, Bernard Mokua, Nicholas Otieno, Kipkurui, Kaikai and Wambua, were charged following the escape. The terrorists were later arrested at the Kitui/Tana-River border following a munhunt.
Some of the suspects were later turned to witnesses, others were freed for lack of evidence linking them to the daring escape.
The court noted that Kipkurui and Kaikai 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 unauthorised meetings between four convicted terror inmates.
Sustained security breach
The meeting was held by Musharaf, Abikar and Odhiambo at Condemned Block A Cell Number 6 and the officer facilitated the movement of another convict Abdul Majib Yassin from Cell Number 2 to Cell Number 6, in contravention of the Prevention of Terrorism Act, 2012.
Further evidence showed that the prison warders directly or indirectly passed or allowed the passage of blankets, metal bars, wooden sticks, nails, razor blades and chisel into the condemned block A, Cell no 6 with intent to facilitate the escape of the prisoners.
The court noted that the escape was 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.
In mitigation, Kipkurui said he deeply regretted his security lapse in duty, emphasizing his long service in the Kenya Prisons Service with no prior misconduct, and requested leniency so he could continue supporting his large family.
He also told the court he is the sole provider for a large family of 18 children. He said he had served over 25 years in the Prisons Service with commitment, discipline, and loyalty.
According to the former prison warder, the offense was an isolated incident, and he had no prior convictions.
Kaikai also pleaded with the court for leniency, while Wambua regretted his actions, saying he had served the prison service for over 30 years with a clean record.
