DPP secures additional 15-year terms for three terror convicts who escaped from Kamiti prison

The Director of Public Prosecutions (DPP) has secured additional 15-year prison terms against three terror convicts who escaped from Kamiti Maximum Security Prison while serving their sentences.

According to a statement, Principal Magistrate Gideon Kiage, sitting at the Kahawa Law Courts, sentenced Musharaf Abdala, Mohamed Ali Abikar and Joseph Juma Odhiambo to serve 15 years’ imprisonment each upon completion of their existing sentences, with the exception of Abdala, whose term was ordered to run from the date of his acquittal by the High Court.

The three were convicted of committing a terrorist act contrary to Section 4(1) of the Prevention of Terrorism Act (POTA).

The prosecution established that on the night of 14th November and morning of 15th November 2021, the three knowingly escaped from lawful custody at Kamiti Maximum Security Prison in a manner that prejudiced national security.

The court found that the circumstances surrounding their escape and subsequent movements demonstrated a common intention to evade recapture and remain together.

Kiage noted that the three did not separate after escaping but travelled together from Kamiti to Kitui and later to Endao, using motorcycles, public service vehicles and informal routes.

“If their only intention was to flee and evade re-capture, it would have made more sense to split up and go in different directions. This would have reduced their chances of detection,” the court ruled.

Prosecution presented evidence showing that after escaping from Kamiti, the three travelled by motorcycle and public service vehicles to Kitui town before proceeding by vehicle to Endao. From Endao, they trekked on foot through informal routes to avoid detection, particularly because they did not possess identification documents.

Odhiambo was serving a 15-year prison sentence at the time of the escape. He had previously been convicted in Mandera of offences relating to travelling to a terrorist-designated country, failure to report his departure and leaving Kenya through a non-designated border point.

The court ordered him to serve the additional 15 years after completing his existing sentence.

Abikar was serving a cumulative 41-year sentence following his conviction at the Milimani Law Courts in connection with the 2015 Garissa University attack, in which 148 people were killed. The court ordered that his additional 15-year sentence take effect after completion of the 41-year term.

Abdala, who had previously been sentenced to 22 years’ imprisonment before being acquitted on appeal by the High Court, was ordered to serve 15 years from the date of his acquittal.

The prosecution team comprised James Machirah, Kennedy Amwayi, Anthony Musyoka, Kelvin Kamau and Ben Owang.

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