High Court Dismisses Former KDF Soldier's Case Against Chief of Defence Forces

Kenya Defence Forces (KDF) recruits pass out parade on September 24, 2020
Kenya Defence Forces (KDF) recruits pass out parade on September 24, 2020
Photo
KDF

The High Court in Nairobi on Tuesday dismissed a case filed by a military officer from the Kenya Defence Forces who sued the Chief of Defence Forces (CDF) lamenting unfair dismissal.

In court papers, the officer claimed that he was unlawfully dismissed from the force in 2014 arguing that it was a witch hunt lodged against him. He alleged that his dismissal stemmed from his refusal to buy cigarettes for one of the individuals who later reported him.

Additionally, the officer told the court that KDF dismissed him from service after accusing him of allegedly authoring and distributing leaflets in the form of anonymous letters concerning Kenya Batallion's (KENBAT) selection.

The affected officer, Benjamin Chelang'a, also argued that he was unlawfully detained for 12 days while serving his 40-day imprisonment by the KDF at Lanet Barracks in Nakuru. He added that his dismissal rendered him unemployable, causing him severe mental anguish.

A KDF truck with soldiers deployed in Northern Kenya
A KDF truck with soldiers deployed in Northern Kenya.
Photo
Kenya Army

Chelang'a, therefore, was demanding the court to order KDF to reinstate him and compensate him for the damages caused. Additionally, he sought a promotion to the rank of Warrant Officer II, claiming he had been stagnant in one rank for 11 years.

Further, the officer wanted the government to compensate him for all the maliciously aborted KENBAT 19 United Nations Mission privileges worth US $1,028 (Ksh149,060)​ monthly for a year due to the false charges. 

However, in his ruling, Justice Lawrence Mugambi found that the officer's petition lacked merit and dismissed the case, ordering each of the parties to bear their own costs.

''It is this Court’s finding that the 1st Respondent (CDF) dealing with the Petitioner during the summary trial process was fair and the punishment meted out was in conformity with the Repealed Armed Forces Act,'' Justice Mugambi ruled.

This came after the court found that KDF handled the officer's dismissal fairly and per service orders. The court established that the officer had voluntarily applied for discharge from the army following his predicaments. This means that despite his case being dismissed, the officer will remain unemployed.

''Finally, it is crystal clear that it was in fact the petitioner who voluntarily applied to be discharged from the Army on compassionate grounds despite the Commanding Officer initially reviewing his sentence and allowing him to continue to serve. The Petitioner cannot thus have his cake and eat it. He sought to be released from the service and this was granted. He did not say he was leaving because his rights were violated, he instead stated the next was on compassionate grounds,'' Mugambi added. 

The officer had listed the Chief of Defence Forces, the Attorney General, and the Director of Public Prosecutions as the first, second, and third respondents respectively. 

Chelang'a was enlisted by KDF as a corporal on June 2, 2001, with the Kenya Army. He served in various military positions, eventually becoming an intelligence officer in the Military Intelligence Battalion in 2012.

A photo of soldiers from the KDF and British Army during training in July 2023
A photo of soldiers from the KDF and British Army during training in July 2023
Photo
KDF