DPP secures conviction of wardens over 2021 Kamiti prisoners escape

Director of Public Prosecutions (DPP) Renson Igonga addresses members of the press on injuries and deaths during protests and cases highlighted on police brutality. [FILE,Standard]

The Director of Public Prosecutions, Renson Ingonga, has secured the conviction of three prison wardens who worked at the Kamiti Maximum Prison when three convicted terrorists escaped the facility on November 14, 2021.

This is after Senior Principal Magistrate (SPM) Boaz Ombewa found Robert Soi, Moses Kaikai, and Willy Wambua guilty on four counts of aiding Musharaf Abdalla, Joseph Juma Odhiambo, and Mohamed Ali Abikar to escape from custody.

“I end by noting that it appears from the totality of the evidence that the escape was clearly well-planned and must have taken a considerable amount of time to execute,” said SPM Ombewa yesterday at the Kahawa Law Courts.

Soi and Kaikai were found guilty on one count each of neglecting official duty by not preventing the escape of the three terrorists.

Magistrate Ombewa said that Prosecution Counsel Kennedy Amwayi had shown to the court that Kaikai opened the cells' doors at around 7 am, yet no headcount had been done that morning, and he did not raise any alarm or file a report despite it being a grave mistake requiring reporting.

“Failure to do so was clearly neglect of duty on his part,” said SPM Ombewa.

He said that Kaikai had only been on duty for four days after he had taken some time off following a surgery.

On November 15, 2021, he reported to work and was assigned the duty of unlocking Block A and conducting headcount, filling the register, and journal.

Kaikai had testified that he noted Cell 6, where the three inmates were held, was covered with blankets and structural modifications, and from his assessment, he did not detect any anomaly.

The magistrate said that other officers were persons of interest but had not been brought to court.

On Soi, the magistrate said that the state had proven that he had neglected his duty by failing to prevent the escape of the three.

In his testimony, he said that he conducted a patrol at 6:20 am and did not notice anything amiss during his 1 am-7 am shift.

According to Soi, if the escape hole had been dug at night, then he could have heard the noise coming from the cell.

Wambua was found guilty on two counts of aiding the three terrorists to escape from Kamiti and organising a meeting in support of a terrorist group.

This was after he facilitated the transfer of Abdul Majid Yassin to cell No.6 of Condemned Block A, where the three escaped from.

Yassin did not escape as he is disabled.

Magistrate Ombewa said that the prosecution had proved in court that Wambua moved Yassin without following due procedure.

“The procedural lapse in my view was deliberate. He facilitated the meeting of terror inmates,” said SPM Ombewa.

Chief Inspector Joseph Kolum of the Directorate of Criminal Investigations, who analysed the CCTV footage from Quickmart supermarket in OTC Nairobi, said that they were spotted at around 4:25 am.

He placed the three terrorists within the CBD between 4:25 am and 4:32 am, adding that Odhiambo purchased slippers from the supermarket,t meaning they escaped from the facility earlier than it was reported.

Other wardens Charles Mutembei Gerrald, Edwin Muhia Njuguna, Silvester Musyoka Mwikisyo, Ronald Muendo Mutisya, Boniface Njoroge Mwangi, Joseph Nakwai, Onesmus Rono, John Muchui Limbere, Benard Mokua Mayi, and Nicholas Otieno Abong were all freed.

“The upshot of the foregoing analysis is that accused 2, 3, 5, 6, 7, 8, 9, 10, and 13 are not guilty as charged and are acquitted pursuant to section 215 of the criminal procedure code,” said the Magistrate.

Ombewa questioned how wardens guarding the parking yard and those on patrol never noticed the rope hanging from the window of the cell that was used by the three terrorists to escape.

“It is believed and rightly so that the escape was adjacent to the Parking Yard area where some officers were stationed.”

According to SPM Ombewa, the terrorists drilled a hole inside cell 6 where they were housed, but there was no debris found, adding that the plan to escape had taken time to plan and execute.

“The tools were conveyed to the cell without notice, yet there had been searches conducted in the cell. The Cell 6 wall had been covered with white printing paper.”

He wondered why the presence of white papers in the cell never drew any attention from the security team that had routinely been doing security checks on the Block.

Ombewa further questioned why police never arrested the patrol, security, and parking yard guards to face the same treatment the 13 wardens faced.