A jail bird serving four years imprisonment has been slapped with additional six months or an alternative of Sh20,000 fine for escaping from lawful custody.
Kakamega Senior Resident Magistrate Erick Malesi in his judement said the prosecution had discharged its burden of proving its case beyond any shadow of doubt.
Sadic Wafula was convicted for escaping from lawful custody at Shikutsa Farm Prison where he was serving a four year sentence for burglary.
He was convicted in the initial offence on January 19, 2018 but fled barely four months from the correctional facility.
Wafula is said to have escaped while working at the house of prison warder Titus Maiyo. The court was told that Mr Maiyo had been allowed to have three convicts assist him in some work at his home.
The convict is said to have taken advantage when it started raining after alleging that he would assist the officer’s wife harvest rainwater.
Wafula is said to have hid in a nearby maize plantation where efforts to trace him were futile even after a search was mounted.
He was arrested four days later at the border of Kenya-Uganda as he was escaping from the country. He was shot on the leg, as he freed.
The Magistrate disregarded Wafula’s defense saying that he was short after he was found in Maiyo’s bedroom with his wife.
Wafula had alleged that the officer’s wife had seduced him on several incidences for sexual favours which generated a relationship.
Mr Malesi dimissed the claims saying they were far-fetched, hard to believe and aimed to spoil the reputation of the Prisons Service and the Kenya Police.
“The evidence by te four prosecution witnesses was corroborative. The accused wants us to believe a conspiracy which involves important institutions of the prisons and the police. He has been found guilty of the offence he is charged with and convicted accordingly,” said Mr Malesi.
He ordered Wafula to serve a six months sentence or pay Sh20,000 fine.
He was granted 14 days to lodge an appeal.
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