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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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Harrison Nyende Mumia, 47, who has been in custody for 20 days at Industrial Area Remand Prison made the new demands yesterday when he appeared before Milimani Magistrate Rose Ndombi.

Through his legal team led by lawyer Lempaa Soyianka, Mumia argues that since President Ruto is the main complainant in the matter, the court should compel him to provide a witness statement and testify in the case.

Soyianka further told the court that the defence cannot proceed with the hearing until the Office of the Director of Public Prosecutions supplies President Ruto’s witness statement, urging the court to delay fixing a hearing date until the document is availed.

“We cannot meaningfully proceed with this matter without the complainant’s statement, and since the President is the main complainant, we urge the court to compel him to record and supply his witness statement before any hearing date is fixed. He should also be compelled to be called as witness in case,” Soyianka told the court.

The defense team also urged the court for a reduction of bail from Sh 500,000 imposed on Mumia to SH 50,000 claiming the accused is unable to raise the current bail terms.

Mumia’s lawyer Abner Mango told the court that his client has been languishing in custody since his initial appearance before Chief Magistrate Dolphina Alego on January 5, 2026, when he was granted SH 500,000 cash bail or a Sh 1 million bond with surrender of his passport.

“Your honor, the accused appeared before Alego on January 5. Your honour he was released on punitive bail terms of Sh 500,000 cash bail and a bond of a Sh 1 Million with a surrender of his passport. He has not been able to raise the same and he remains incarcerated at Industrial area,” Mango submitted.

The defense is now seeking a drastic reduction of the bail terms from to Sh 50,000 an amount they say the family can afford.

Making his case for bail reduction, Mango argued that Mumia poses no flight risk, pointing out that police knew exactly where to find him when they conducted a raid at his Kangundo Road residence.

“Your honor the accused is not a flight risk he was arrested when the DCI raided his home in Kangundo road so the residence is well known by the IO. He is a respected person in this country and has no where to go. He will be attending this court when required,” Mango told the court.

The defense lawyer further challenged the very foundation of the charges, revealing that the Computer Misuse and Cybercrimes Act is currently under challenge at the Court of Appeal.

“Your honour the offences the accused is charged with computer misuse… the act is under challenge at the court of appeal. Your honour let it not escape the court that the charges against him are political,” Mango argued.

He pleaded with the court not to punish Mumia before he has been found guilty.

“Your honour is in that basis that we pray the accused is granted affordable bail terms so that he is not punished before a court of law finds him guilty. Your honour while incarcerated has been put in risk,” Mango submitted.

The prosecution, however, rejected the defense’s arguments, insisting that bail had already been granted and the accused’s inability to meet the terms was not the state’s responsibility.

“Your honour let it be known that bail was not denied it was granted. Failure for one to raise the bail can not be pinned against the prosecution,” the prosecution stated.

The state further pointed to inconsistencies in the defense’s position, citing an affidavit that indicated the real problem was the inability to locate Mumia’s ID and passport, not lack of funds.

“Your honour have been served with affidavit where indicate that sole issue that is hindering them is that they could not find the accused persons ID and passports. Your honour the said affidavit informs states that the visited the accused person in preparation to raise bail. They didn’t state they are unable to raise the amount but they say they couldn’t get his ID and passport,” the prosecution argued.

Magistrate Ndombi ordered that a pre-bail report be filed before making any orders on the reduction of bail. The court has detained Mumia until Thursday, when it will deliver its ruling on whether to reduce the Sh1 million bail terms.

In the case, Mumia faces four counts under Section 22(1) of the Computer Misuse and Cybercrimes Act No. 5 of 2018, all related to posts allegedly made on December 30, 2025.

According to the charge sheet, Mumia is alleged to have used a pseudo Facebook account under the name Robinson Kipruto Ngetich to publish images of President Ruto lying on a bed and falsely portraying him as deceased.

Another image allegedly depicted the President on a hospital bed in critical medical condition.

“On December 30, 2025 at an unknown place within the Republic of Kenya knowingly published false information… by posting an image of President William Ruto lying on a bed and falsely portraying him as deceased, information you knew to be false,” the charge sheet reads in part.

He is also accused of publishing similar false images on his Instagram account, @harrisonmumia, showing the President lying on a bed in critical medical condition, falsely suggesting severe illness or death.

Making his case for bail reduction, Mango argued that Mumia poses no flight risk, pointing out that police knew exactly where to find him when they conducted a raid at his Kangundo Road residence.

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The anti-graft agency has accused the DPP of sidelining it in secret plea bargain negotiations aimed at terminating the high-profile corruption case, despite earlier court orders directing that all parties be fully involved in the process.

Appearing before Milimani Anti-Corruption Court Magistrate Charles Ondieki, EACC lawyers told the court that although the accused persons had formally written to the DPP seeking Alternative Dispute Resolution (ADR), the commission was deliberately locked out of the final plea bargain talks.

“In a letter addressed to the DPP, the accused persons were seeking an alternative dispute resolution. In a response dated May 19, 2025, the EACC indicated that it was not opposed to negotiations, but with a rider that there must be a structured framework under Sections 137A to 137O of the Criminal Procedure Code,” the court was told.

EACC said it later attended several meetings convened by the DPP, with the last sitting held on August 28, 2025. However, during that meeting, the commission was informed that a plea bargain agreement had already been finalized and was only pending signing.

“We were informed that the matter was to be withdrawn under Section 137(1)(d) and Section 87(a) of the Criminal Procedure Code. We requested to be allowed to peruse the plea agreement before signing, but we were told we could not be given a copy,” EACC submitted.

The commission added that it was shocked when it was told the matter was “unique” and did not follow the ordinary practice of involving investigators in plea negotiations.

“At that point, we were ordered to leave the meeting by the DPP and we never saw the plea agreement,” the EACC lawyer told the court.

EACC further argued that the proposed mode of withdrawal was legally flawed and amounted to an abuse of the court process.

“The plea agreement seeks to withdraw the charges under Section 137 of the CPC, yet at paragraph 12(g) of the same agreement, it clearly states that the prosecution wishes to withdraw all charges under Section 87(a) of the CPC. This creates a legal conflict and confusion. You cannot sneak in a withdrawal through plea negotiations when the law requires a formal application with leave of the court,” the commission argued.

The anti-graft body also dismissed attempts to link the criminal case to civil forfeiture cases that had been settled earlier in the High Court.

“We were informed by the DPP that there was a settlement in two High Court civil forfeiture matters. We confirm that those civil proceedings were independent of this criminal trial, and Section 193A of the CPC allows both to proceed concurrently. The settlement in the civil matter cannot be used as a basis to terminate this criminal prosecution,” EACC lawyer mary Ng’anga submitted.

The commission specifically highlighted Count 12 of the charge sheet, which involves money laundering and the transfer of Sh256,730,688.

“We urge the court to look closely at the charges, including Count 12, where the accused persons are charged with money laundering and the transfer of Sh256,730,688, as this was never addressed in the civil settlements and should not be overlooked,” EACC stated.

“The EACC vehemently opposes the withdrawal of this case and urges that it proceeds to a full trial, as the plea agreement was signed without our involvement and does not address all the charges, including serious money laundering allegations.”

The DPP, through State Counsel Nora, told the court that a valid plea bargain agreement had been entered into between the prosecution and all the accused persons.

“The DPP urged the court to adopt the plea bargaining agreement, saying that the parties had engaged in extensive discussions to explore an alternative dispute resolution, and that the agreement was reached voluntarily with the accused persons to ensure a fair and efficient conclusion to the matter,” Prosecutor Nora said.

She stated that the decision was informed by previous forfeiture agreements reached in two High Court cases involving assets valued at over Sh1.9 billion and Sh75 million.

According to the prosecution, Obado and his co-accused had already forfeited assets worth Sh235.6 million to the government, which included two motor vehicles, a house in Loresho, a commercial block in Suna East, Migori, two five-storey residential blocks in Migori, two apartments and a maisonette in Greenspan, Nairobi, and a residential property in Kamagambo, Migori.

Obado, his children and the co-accused all individually confirmed to the court that they supported the plea bargain agreement.

“I fully understand the consequences of the plea bargaining agreement, including sentencing and compensation if need be. I was not forced or coerced into entering the agreement. I fully support it,” Obado told the court.

The former governor and his four children,Dan Achola Okoth, Susan Scarlet Akoth, Jerry Zachary and Evelyne Adhiambo, are charged with conspiracy to commit economic crimes and money laundering alongside their associates.

Others charged include Jared Peter Odoyo, Christine Akinyi Ochola, Joram Opala, Patroba Ochanda, Penina Auma, and Carolyne Anyango, as well as their companies.

The case has been in court since 2018, and only one prosecution witness, the investigating officer, has testified so far.

Magistrate Ondieki granted EACC and the DPP 14 days to file written submissions on the matter, while the defence was given seven days to respond.

The case will be mentioned on January 21, 2026.

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High Court Judge Martin Muya on Wednesday directed the two senior security officers to present themselves before him on December 16, 2025, at 11:00 am.

“I have considered the application made by both sides and therefore ordered the 2nd and 3rd respondents to appear in court physically on 16th December to explain the whereabouts of Mbijiwe,” Justice Muya ordered.

The court heard that despite four years passing since the abduction, no satisfactory explanation has been provided regarding investigations into Mbijiwe’s disappearance.

Family lawyer Evans Ondieki told the court that Mbijiwe was arrested by police officers along Roysambu Road, and since then, he has neither been found nor pronounced dead.

Ondieki further informed the court that an investigation report submitted to the Director of Public Prosecutions has not indicated whether Mbijiwe was killed or is still alive.

Mbijiwe’s mother told the court that her son is being held incommunicado by the state.

She testified that she has visited several offices in search of her missing son over the past four years.

The DPP, represented by Zachary Omwenga, informed the court that the Office of the Director of Public Prosecutions intends to forward the file to the magistrate’s court for purposes of opening an inquiry.

Omwenga told the court that the report from the DCI has not indicated who abducted Mbijiwe.

The court was informed that Mbijiwe had declared his interest to run for the position of governor in Meru County before his disappearance.

The judge was also told that the people holding Mbijiwe are very powerful leaders in the country.

The post IG, DCI Ordered to Appear in Court Over Four-Year Abduction of Mbijiwe appeared first on Insider Bits News.

The trial resumed on Monday, bringing chilling eyewitness testimony that paints a grim picture of alleged police brutality on the night of August 1, 2021.

Newton Kinyua, a security guard at Namuru Bar, told Justice Margaret Muigai that he witnessed the brothers being violently assaulted before being loaded into a police Landrover.

“Boniface and Mutura were with four others when they came out of Namuru Bar and Restaurant around 10 pm. They ran in different directions when they saw the police vehicle, as it was during the Covid-19 curfew. A police officer with a long stick jumped from the vehicle and attacked Boniface,”
Kinyua recounted.

He described how Boniface was struck repeatedly until he fell unconscious, after which another officer set upon Mutura with punches and kicks.

Kinyua, who had taken cover in a public toilet, said he could see everything clearly under the electric lights.

“The two officers picked Boniface from the ground and loaded him into the Landrover. They also helped Mutura to his feet and assisted him into the vehicle. I saw it speed off towards Kianjakoma Hospital. I noticed the vehicle leave the hospital after some time,”
he testified.

Kinyua told the court that both brothers were his friends and ran a butchery business at Kianjakoma.

He learned the following day that they had died.

During cross-examination, defense lawyers Martina Swiga and Danstan Omari questioned Kinyua’s ability to identify the officers or confirm the deaths.

“I did not see the police kill the two brothers, nor did I see them jump from the moving vehicle,”
Kinyua admitted.

The six accused, James Mwaniki Njogu, Benson Mbuthia, Consolata Kariuki, Nicholas Cheruiyot, Martin Wanyama, and Lilian Cherono, have consistently denied murdering the brothers while enforcing Covid-19 curfew rules.

Their plea was entered on August 17, 2021, and the case was later inherited by Justice Muigai following the demise of Justice Daniel Ogembo.

Prosecution testimony states that police were patrolling to enforce curfew regulations when they encountered the brothers, who were walking home after closing their business.

Reports indicate that some bars in Muchagori, Embu, were operating beyond the stipulated curfew.

The mother of the deceased testified that she had called her sons to close their business and return home early, but instead, she learned that they had been killed by police.

The incident sparked public outrage in Embu County, leading to demonstrations that resulted in the burning of a police vehicle.

The defense challenged the credibility of Kinyua’s account, arguing that the incident occurred at night, during rain, making it impossible for him to clearly see or follow the police vehicle.

“The witness is relying on what he heard and saw from a distance. It is not clear whether the brothers died in the vehicle or jumped from it,” defense lawyers submitted.

Justice Muigai directed that the trial would continue with further witness testimony on February 12 and 19, 2026, with the next hearing scheduled for February 5, 2026.

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He appeared on Wednesday before Milimani Magistrate Dolphina Alego, denying multiple charges including forgery, uttering false documents, and conspiracy to commit a felony, laid against him by the Director of Public Prosecutions (DPP).

The court heard that Bongei forged a letter referenced 2010002101/35, dated 6th May 2024, addressed to the Chairman of the Public Service Commission regarding the “Renewal of Local Agreement Terms.”

The prosecution alleges that Bongei knew the document was false and intended to deceive public officials.

“The accused purported to have authored and executed an official letter to the Chairman of the Public Service Commission, a fact he knew to be false, with intent to mislead,”the charge sheet stated.

In the second count, Bongei is alleged to have made a document without lawful authority, again presenting it as genuine correspondence from CS Murkomen.

The third count relates to uttering a false document, allegedly on 15th July 2024, while the fourth count charges him with conspiracy to commit a felony, in collusion with another person not before the court.

Bongei denied all the charges.

His lawyer argued that the accused had no knowledge of the forged letter, claiming that his mobile phone had been used to transmit the document without his consent or awareness.

“My client did not author or approve the letter. He is cooperative, not a flight risk, and we request personal bond or reasonable cash bail,”the defence counsel told the court.

The prosecution did not oppose the bail request. Milimani Senior Principal Magistrate Alego granted Bongei a bond of KSh 300,000 with one surety of similar amount, or alternatively cash bail of KSh 150,000 with a contact person.

The court also directed him to deposit his passport, restricting his travel until the matter is concluded.

“The accused is to deposit his passport, and the matter will be mentioned for pre-trial directions on 3rd December 2025,”the court ruled.

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Justice Martin Muya issued the ultimatum in Nairobi, warning that he was granting the last adjournment in the matter.

“I have granted the Inspector-General the last adjournment. A comprehensive report on the whereabouts of the subject must be filed within seven days,” Justice Muya directed.

The case was filed by Mbijiwe’s family, who want the court to compel the State to account for his whereabouts, dead or alive.

Their lawyer, Evans Ondieki, accused key investigative and prosecution agencies of treating the matter casually and giving the court conflicting signals.

He told the court that the Inspector-General (IG), the Directorate of Criminal Investigations (DCI) and the Director of Public Prosecutions (DPP) had been “shifting goalposts” instead of giving a clear update on what happened to Mbijiwe.

“These three agencies, the IG, the DCI and the DPP – have been shifting goalposts. They are not giving this court correct and candid information about the abduction of Mr Mbijiwe,” Ondieki submitted.

He said that on November 14 2025, a representative from the DPP’s office informed the court that they had received an investigation file from the DCI, but nothing had been disclosed about its contents.

“We were told on November 14 that a file from the DCI is now with the DPP. Up to today, neither the family nor this honourable court has been told what that file contains,” Ondieki added.

Mbijiwe was allegedly abducted four years ago, and his family says they have not received any concrete information about his fate.

“For four years, the family has been in the dark. They do not know whether their son is alive or dead,” Ondieki told the court.

The lawyer pressed the court to consider issuing a warrant of arrest against the IG if no meaningful progress is shown.

“We urge this court to consider issuing a warrant of arrest against the Inspector-General so that he can personally come here and explain what progress, if any, has been made in establishing the whereabouts of Mr Mbijiwe,” he said.

The court also heard that Mbijiwe’s mother has been making long, emotionally draining trips from Meru to attend the court sessions in Nairobi, hoping for answers.

Ondieki said her presence in court underscored the family’s pain and the urgency of the matter.

The case will now return to court on December 3, 2025, when the judge is expected to review the report to be filed by the Inspector-General and decide on the next steps, including whether coercive orders will be issued against top security officials if they are found to be dragging their feet.

The post Four Years On: Court Presses IG for Answers on Missing Security Analyst Mwenda Mbijiwe appeared first on Insider Bits News.

Delivering the judgment, Justice Benjamin Musyoki ruled that the prosecution had failed to prove key elements of the case against Lenolkulal and his co-accused, Hesbon Jack Wachira Ndathi and Bernard Ltarasi Lesurmat.

“This court finds that the appeals herein are merited and are hereby allowed. The convictions and sentences meted against the appellants… are set aside, and consequently the appellants Moses Kasaine Lenolkulal, Hesbon Jack Wachira Ndathi, and Bernard Ltarasi Lesurmat are hereby acquitted of the offences they were charged with in the said case,” Justice Musyoki declared.

The court also ordered that any fines previously paid by the three be refunded forthwith.

In addition, it set aside the previous order under Section 64 of the Anti-Corruption and Economic Crimes Act (ACECA) that barred the trio from holding public office for ten years, effectively clearing the way for Lenolkulal to seek public positions.

Lenolkulal had initially been convicted on charges of conflict of interest and unlawful acquisition of public property, with the court ruling that he had knowingly acquired a direct private interest in a contract between Oryx Service Station, a company he owned, and the Samburu County Government for the supply of fuel.

Upon conviction, he had been ordered to pay fines totaling Sh85,460,995 or serve a four-year jail term.

Ndathi was accused of acting as a proxy to mask Lenolkulal’s interests, while Lesurmat faced charges of abuse of office.

The trial court had concluded that the three had misappropriated Sh84,695,996.55 from county funds.

However, Justice Musyoki observed that the prosecution’s case was fundamentally flawed.

He noted that the investigating officer had clarified their focus was on potential conflict of interest, not procurement irregularities.

“The trial court in reaching the fine imposed on the appellants relied on the element of benefit to the said appellants. A benefit is an advantage or profit gained from something… The duo cannot be said to have benefited from the entire sum of Sh84,695,996.55, as there were attendant costs and expenses associated with delivery and supply of the fuel. I do not think that this is the kind of benefit contemplated under the Section,” the judge noted.

The Court also questioned the assumption that Lenolkulal and Ndathi shared benefits equally, highlighting that evidence suggested Ndathi was merely a proxy.

Justice Musyoki clarified that for a charge under Section 48 of ACECA to succeed, there must be a quantifiable benefit to the accused or a demonstrable loss to another party.

In this case, the court found that the county had received the fuel and that no procurement irregularities or financial loss had been proven.

Regarding Lesurmat, the court found no evidence of abuse of office or improper benefit.

“The prosecution did not establish any special relationship between Ndathi and Lesurmat… it was not even shown that Lesurmat knew Ndathi at a personal level,” he ruled

The judge also emphasized that Lenolkulal had appropriately disclosed any potential conflict of interest.

“The 1st appellant had sufficiently declared possible conflict of interest, and it was the duty of those responsible for entering the information in the conflict of interest register to make appropriate entries,” Justice Musyoki said.

Last year, the trial court had ruled that Lenolkulal and Ndathi had engaged in conflict of interest and acquired public funds unlawfully.

Magistrate Thomas Nzyoki had stated, “The overwhelming and direct evidence shows that the Governor acted in conflict of interest and acquired direct personal benefit from the supply of fuel. A governor stands prohibited from trading with his county government.”

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Wambui , 75, appeared before magistrate Rose Ndombi where she denied two counts of conspiracy to defraud and making a false document contrary to Sections 317 and 357 of the Penal Code.

According to the charge sheet, Wambui, jointly with another person who is not before the court, allegedly conspired to defraud businesswoman Kagure of her land parcel L.R. No. 209/4843/10 (I.R. No. 15372) located along Jogoo Road, Nairobi, and measuring approximately 0.3252 hectares.

In the second count, the prosecution claims that on unknown dates and places within Kenya, the accused made a false document,an identity card serial number 230624436 in the name of Francis Kimani Mungai, purporting it to be a genuine document issued by the National Registration Bureau, a fact she allegedly knew to be false.

Through her lawyer, Wambui pleaded with the court to grant her lenient bond terms, citing her advanced age and compliance during investigations.

“Your honour, the accused is elderly. We plead for lenient bond terms. She was out on police bond and has fully cooperated. She is not a flight risk and is ready to comply with any terms set by this court,” the lawyer submitted.

The prosecution did not oppose her release on bail. Consequently, Magistrate Ndombi ordered that Wambui be released on a bond of Sh1 million with one contact person, or alternatively, a cash bail of Sh100,000 with one surety.

The matter will be mentioned on December 8, 2025, for pretrial directions.

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