25 EX-KDF Soldiers Face Life Imprisonment After Court Ruling
On Friday, March 1, a Mombasa Court of Appeal reversed a High Court ruling that had cleared 25 ex-Kenya Defence Forces (KDF) soldiers of charges.
According to a statement from the Office of the Director of Public Prosecutions (ODPP), the 25 individuals had contested a court-martial decision that had imposed a life sentence on them for the crime of desertion.
A three-judge panel from the Court of Appeal has issued a decision requiring a new trial for the appeal, to be conducted by a different High Court judge. This decision places the freedom of the 25 individuals in jeopardy.
The Court of Appeal made its decision in response to a request from the Director of Public Prosecutions (DPP) to reconsider the judgment of the High Court in Mombasa, which had acquitted the soldiers. The prosecution argued that the High Court did not thoroughly evaluate the Court-martial’s decision, leading to an inconclusive outcome.
Justifying the choice to overturn the exoneration, the prosecution stated that the Judge, who rendered a unified decision for all 25 cases, neglected to reassess the factual determinations and outcomes related to each appeal.
According to Section 74(1)(a) of the Kenya Defence Forces Act 2012, it was determined that the ex-servicemen had breached the law through the lawful act of abandoning the defense forces.
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Even though they asserted their innocence, the Court Martial ultimately declared them guilty and handed down a life imprisonment sentence.
After being unsatisfied with the sentence, the soldier sought recourse at the High Court. In a ruling issued on August 21, 2018, the appeal proved successful, leading to the liberation of all individuals involved.
The soldiers were accused by the Kenya Defence Forces (KDF) of abandoning their responsibilities in 2007 and 2008 to join security firms in Kuwait, Iraq, and Afghanistan contracted by the United States.
The 25 individuals, who are currently undergoing legal proceedings in three military courts at the Mtongwe naval base, refuted accusations of desertion in times of war.
They contended that they faced charges according to the Kenya Defence Forces Act of 2010, even though they had left the military in 2007 and 2008. They asserted that the appropriate jurisdiction for their trial should have been the Kenya Armed Forces Act.
25 EX-KDF Soldiers Face Life Imprisonment After Court Ruling