Suspended Kamiti Maximum Security Commandant Charles Mutembei Gerrard, his deputy Joseph Longarianyang and four others will spend a further eight days in police cells to enable police to complete investigations.
Kahawa Law courts Senior principal Magistrate Boaz Ombewa has ordered the six officers who are facing allegations of aiding the three convicts to escape the prison premises to continue being detained at Gigiri police station until November 29,2021.
In his ruling the magistrate declined the prosecution's request to have the six detained for another 30 days to enable police finalize their probe on the matter.
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"I appreciate the circumstances in this matter have changed following the arrest of the three convicts who had escaped from the prison. Since the six suspects have been in custody for five days now, l grant the DCI eight more days from today," Magistrate Ombewa ruled.
The now suspended Mutembei, his deputy Longarianyang and four other prison warders Pamera Kiplimo, Peter Kamiju, Lilian Lunani and Nicholas Abongo were arrested on Wednesday last week.
The six are under investigation on allegations of aiding prisoners in escaping from lawful custody contrary to section 124 of the penal code.
In an affidavit filed in court by Chief Inspector Meschack Kagera attached to DCI headquarters serious crime unit sought the custodial orders saying detectives require more to interrogate the six suspects, forensically analyze their communication, extract CCTV footage at the prison facility and further analyze the scene of crime.
The officer informed the court that a multi-agency team of investigators from serious crime unit, Anti-terrorism Prevention Unit, Cyber Crime Forensic Experts, and Crime Scene investigators are still conducting investigations at the facility to establish the circumstances under which the three convicts were able to escape from a heavily guarded prison facility in the country.
"That the respondents herein be detained by the DCI in custody for 30 days at a police station within Nairobi county to enable the police to conclude investigations," the prosecution stated.
The court heard that the six suspects on the night of November 14, 2021, while being in charge and warders at GK Kamiti Maximum prison, aided three convicts namely Musharaf Abdalla Akhulungaaka Zarkal aka Alex aka Shukri, Mohamed Ali Abikar, and Joseph Juma Odhiambo aka Yusuf who had been convicted for terrorism offenses.
"That the first and second respondents( Mutembei and his deputy Longarianyang) being the in-charge failed to ensure that the building where the said convicts were held are in good condition to prevent their escape," Kagera informed the court.
The officer further informed the court that four prison warders manning the CCTV cameras at GK Kamiti prison and were on duty on the date the convicts are suspected to have escaped from the lawful custody.
"The four prison warders failed to notice the activities of the convicts who escaped from the lawful custody even though the point of escape is properly covered by the CCTV cameras," Kagera said.
