Senior Principal Magistrate Boaz Ombewa on Monday January 26,2026 delivered the ruling, imposing varying penalties on the officers based on their level of involvement in the escape of three dangerous inmates who had been convicted over the 2015 Garissa University attack.

Robert Kipkirui Soi and Kaikai Talengo Moses each received six-month jail terms or fines of Sh100,000 for neglect of official duty.

Willy Wambua faced a stiffer penalty of three years imprisonment or Sh1 million in fines for aiding the prisoners’ escape and facilitating terror meetings within the prison.

“The escape of convicted terrorists from Kamiti Maximum Security Prison was a deliberate breach of duty that endangered national security and public trust,” Magistrate Ombewa stated in his judgment.

The magistrate emphasized the serious nature of the officers’ positions, noting they were responsible for some of the country’s most dangerous criminals.

The incident occurred between the night of November 14 and morning of November 15, 2021, when three convicted terrorists Musharaf Abdala alias Shukri, Mohamed Ali Abikar, and Joseph Juma Odhiambo broke out of the maximum security facility in Kasarani Sub-County.

The trio were serving sentences of 42, 22, and 15 years respectively for terrorism offences connected to the Garissa University massacre that killed 148 people, predominantly students.

According to court records, the Director of Public Prosecutions presented 14 witnesses and proved the officers aided the escape through negligence and deliberate actions.

Several other officers initially arrested, including suspended Kamiti Prison boss Charles Mutembei Gerrard, were either turned into state witnesses or freed due to insufficient evidence.

State Counsel James Machirah argued for maximum sentences, pointing to the abuse of trust involved in the crimes.

“The acts that the accused persons were convicted over indicates that the integrity of our constitutional offices and systems, in this case, I mean the prison facilities, were abused,” Machirah told the court.

His colleague Kennedy Amwayi invoked Kenya’s painful terrorism history, reminding the magistrate of attacks including the 1998 US Embassy bombings that killed 213 people, the Westgate Mall attack with 71 deaths, and the Dusit D2 attack that claimed 21 lives.

“Your honor, these are not distant memories. They are scars on our nation,” Amwayi said.

The prosecution revealed that warders had smuggled blankets, metal bars, wooden sticks, nails, razor blades and a chisel into the condemned block to facilitate the escape. Evidence also showed Wambua had organized unauthorized meetings between terror convicts before the breakout.

“Instead of safeguarding them, the convicts sabotaged their duty, turning, your honor, a fortress of security into a hub of facilitation,” Amwayi argued.

The escaped inmates were recaptured in Kitui County two days after their escape.

Defense lawyer Vincent Lempaa Suyianka urged the court to focus on the legal definition of the offences rather than emotions surrounding terrorism.

Kipkirui, who told the court he is the sole provider for 18 children, expressed deep regret for his actions.

“Mr. Kipkirui has served over 25 years in the Prisons Service with commitment, discipline, and loyalty. This offense was an isolated incident, and he has no prior convictions,” Lempaa said.

Talengo cited health challenges at the time of the incident and pleaded for consideration of his family responsibilities, stating: “I am truly remorseful. I was battling serious health challenges at the time and plead for a sentence that does not disrupt my dependents’ lives.”

Wambua, 53, with over 30 years of service, asked for leniency based on his clean record and age.

“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,” he told the magistrate.

In delivering sentence, Magistrate Ombewa acknowledged the officers’ remorse and personal circumstances but emphasized the gravity of their actions.

“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,” he stated.

The three officers have been granted 14 days to appeal the decision.

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