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Kenya: Recaptured Terror Convicts Serving 78 Years Face Additional Time in Prison

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Three terrorism prisoners arrested after escaping from the Kamiti Maximum Security Prison are facing additional time of two years each behind bars.

Meanwhile, the six senior prison warders accused of helping the convicts escape face up to seven years each if found guilty of the offence.

The warders include prison Commandant Charles Mutembei Gerrard and his deputy Joseph Longarianyang. Others are Pamela Cherubet, Peter Thuku, Lilian Mukasia and Nicholas Otieno.

Under Kenyan law, escaping from prison is a misdemeanour, punishable with a term not exceeding two years or a fine or both.

Section 124 of the penal code provides that “any person who aids a prisoner in escaping or attempting to escape from lawful custody; or conveys anything or causes anything to be conveyed into a prison with intent to facilitate the escape of a prisoner, is guilty of a felony and is liable to imprisonment for seven years”.

The three prisoners – Musharaf Abdalla Akhulunga, alias Shukri, Joseph Juma Odhiambo and Mohamed Abdi Abikar – were serving a cumulative term of 78 years. All three were described by security agencies as “dangerous”.

Abikar is serving the longest term, 41 years, for his role in the Al-Shabab’s attack on Garissa University College in April 2015. The attack killed at least 148 people, most of them students. He started serving the sentence in July 2019.

Musharaf is serving 22 years for attempting to attack Parliament buildings in 2012. He was found at a Malindi hotel in possession of explosives, two firearms and 400 rounds of ammunition.