Three prison wardens sentenced over aiding prison escape of convicted terror inmates

Three wardens attached to the GK Kamiti Maximum Security Prison have been sentenced after a Nairobi court found them guilty of aiding the escape of convicted terror inmates.

Kahawa Law Courts Senior Principal Magistrate Boaz Ombewa had noted that the escape was clearly well planned and must have taken a considerable amount of time to execute.

Robert Kipkirui Soi, Kaikai Talengo Moses, and Willy Wambua were convicted of the offences of neglect of official duty, aiding prisoners’ escape, and organising a meeting in support of a terrorist group

Robert Kipkurui Soi and Kaikai Talengo Moses were each fined Sh100,000, with a default sentence of six months’ imprisonment should they fail to pay. 

Their co-accused, Willy Wambua, received a stiffer penalty, having been fined Sh200,000 or one year in prison in default. 

On an additional count of organising a meeting in support of a terrorist group, Wambua was further fined Sh800,000 or face two years’ imprisonment.

The offences, the court found, posed a grave threat to national security.

Principal Prosecution Counsels James Machirah and Kennedy Amwayi called 14 witnesses and proved beyond reasonable doubt that the convicts aided the escape of Musharaf Abdala alias Shukri alias Sharif alias Alex Shikanda alias Rashid Swaitar, Mohamed Ali Abikar, and Joseph Juma Odhiambo on the night of November 14, 2021, and the morning of November 15, 2021, at GK Kamiti Maximum Security Prison within Kasarani Sub-County in Nairobi City County. 

Abdala, Ali, and Juma were serving sentences for terrorism-related offences.

The court found that on the night of November 14, 2021, and the morning of November 15, 2021, at GK Kamiti Maximum Security Prison within Kasarani Sub-County in Nairobi City County, Soi and Talengo, being Kenya Prisons Service officers, jointly and wilfully neglected to prevent the escape of convicted prisoners Abdala, Ali, and Juma.

In its judgment, the court agreed with the DPP that the escape could not have occurred without deliberate acts or omissions by officers entrusted with securing the facility.

Wambua was found to have played a more direct role in the scheme. 

The court established that he unlawfully organised and facilitated a meeting between convicted terror inmates at Condemned Block “A” by allowing unauthorised movement of prisoners within the facility. 

This conduct, the court held, violated the Prevention of Terrorism Act, 2012.

In convicting the wardens, the magistrate agreed with the prosecution that the escape was well-orchestrated and bore clear indicators of insider assistance. 

The court concluded that the DPP had proved its case beyond reasonable doubt, noting that the actions of the accused officers compromised prison security and undermined public safety.