By Bonface Mulyungi

The Office of the Director of Public Prosecutions (ODPP) has secured the conviction of three individuals linked to an escape from Kamiti Maximum Security Prison.

This was after the court found them guilty of committing a terrorism-related offence.

According to the ODPP, the trio was convicted following a full trial in which the prosecution successfully proved the charge beyond a reasonable doubt.

“The three convicts were found guilty by the Kahawa Anti-Terrorism Court after Prosecution successfully proved its case beyond a reasonable doubt,” it said in a statement.

The case stemmed from events that occurred on the night of 14 November 2021 and the morning of 15 November 2021 at the Government of Kenya (GK) Kamiti Maximum Security Prison in Nairobi County.

The prosecution told the court that the three knowingly escaped from lawful custody in circumstances that amounted to a terrorist act under Section 4(1) of the Prevention of Terrorism Act, 2012.

The State maintained that the escape had implications for national security and public safety.

In its presentation before the court, the prosecution called 10 witnesses whose testimonies formed a key part of the evidence used to establish the offence.

“The accused persons had been charged with committing a terrorist act contrary to Section 4(1) of the Prevention of Terrorism Act, 2012,” the statement said.

The witnesses detailed how the escape was executed and the circumstances surrounding the breach of security at the highly guarded facility.

The court heard that Kamiti Maximum Security Prison was breached in a manner that exposed vulnerabilities within the correctional system.

The prosecution argued that the coordinated nature of the escape and its potential impact on public order elevated the conduct to the level of a terrorist act as defined by law.

Principal Prosecution Counsel James Muchirah led the State’s case, presenting documentary and testimonial evidence aimed at demonstrating that all elements of the offence had been met.

The prosecution urged the court to find that the accused persons had acted in a manner that endangered national security and disrupted lawful custodial authority.

In its ruling, the trial court at Kahawa Anti-Terrorism Court agreed with the prosecution’s case and held that the evidence presented was sufficient to sustain a conviction.

The magistrate found that the offence had been proved beyond a reasonable doubt and consequently convicted the three.

The court has since directed that the matter be mentioned on 18 June 2026 for sentencing proceedings, where appropriate penalties will be determined.

In a statement following the conviction, the Office of the Director of Public Prosecutions welcomed the outcome, terming it a significant milestone in the prosecution of terrorism-related offences in the country.

The ODPP said the decision reinforces its commitment to ensuring accountability in cases that threaten national security and public safety.