Three Terror Convicts Sentenced to Additional 15 Years for Escaping Kamiti Prison

Three terror convicts who escaped from Kamiti Maximum Security Prison in 2021 have been handed additional 15-year prison terms after the Director of Public Prosecutions (DPP) successfully secured their convictions for escaping lawful custody.

Principal Magistrate Gideon Kiage, sitting at the Kahawa Law Courts, sentenced Musharaf Abdala, Mohamed Ali Abikar and Joseph Juma Odhiambo to serve 15 years each after completing their existing sentences.

The exception is Abdala, whose additional sentence was ordered to run from the date of his acquittal by the High Court in an earlier case.

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

Court Details Coordinated Escape

The prosecution established that Abdala, Abikar and Odhiambo escaped from Kamiti Maximum Security Prison during the night of November 14 and morning of November 15, 2021.

The court found that their actions amounted to a deliberate escape from lawful custody in circumstances that prejudiced national security.

Magistrate Kiage also determined that the three acted with a common intention after their escape, noting that they remained together rather than splitting up to reduce the likelihood of being detected.

“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.

Convicts Tracked Journey From Kamiti to Kitui

Evidence presented before the court showed that the three travelled together from Kamiti to Kitui, using motorcycles and public service vehicles.

They later proceeded to Endao, from where they travelled on foot through informal routes in an attempt to avoid detection.

The court heard that the three did not have identification documents, prompting them to rely on less formal routes as they attempted to evade authorities.

Their decision to remain together was among the circumstances the court considered in determining that they shared a common intention to avoid recapture.

Odhiambo to Serve 15 Years After Existing Sentence

At the time of his escape, Joseph Juma Odhiambo was already serving a 15-year prison sentence.

He had previously been convicted in Mandera over offences relating to travelling to a terrorist-designated country, failing to report his departure and leaving Kenya through a non-designated border crossing.

The court ordered that the new 15-year term begin after he completes his existing sentence.

Abikar Serving 41-Year Sentence

Mohamed Ali Abikar was serving a cumulative 41-year prison 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 for the Kamiti escape commence after completion of the 41-year term.

Abdala's Sentence to Start After Acquittal

Abdala had previously been sentenced to 22 years in prison before the High Court acquitted him on appeal.

Despite that acquittal, the court in the Kamiti escape case ordered him to serve a separate 15-year sentence arising from the escape.

His sentence will run from the date of his acquittal in the earlier case.

The prosecution was led by James Machirah, Kennedy Amwayi, Anthony Musyoka, Kelvin Kamau and Ben Owang.

The latest sentences add further prison terms to the cases of the three men and underscore the seriousness with which Kenyan authorities have treated the 2021 escape from the country's maximum-security prison.