Kenya Army officers on a parade during a public event
BY SAM ALFAN
The High Court has stopped the arraigning and charging 27 former Kenya Army officers for allegedly deserting duty.
Justice David Majanja issued the order halting the intended parading the officers before a court Martial in Mombasa.
The judge said the file be placed a resident judge in Mombasa for hearing and determination.
The court was by officer’s lawyer Henry Karuaka, the officers had in between 2007 and 2008 procedurally resigned f form the force and were duly cleared by their seniors.
The court had that sometime January, February and March 2014 they were asked to present themselves to the Kenya Defence Force- Navy for necessary documentation and payment of their terminal dues.
They represented has requested only to be arrested without explanation, they were for 45 days later to be told they will charged with an offense of deserting duty.
The lawyer told the court his clients were kept without receiving any information relating to the incarceration for unreasonable period of time.
They were supplied with charge sheet and other documents on April 5 from the investing officer Kenya navy base at Mtongwe, they were to appear before a court martial today for plea taking.
The lawyer told the court that the arrest and detention of the petitioners was unlawful and unconstitutional and unjustified and that goes against the core value s of the constitution
He said that the Kenya defence Force council, Defence Forces Navy and the Commander Kenya Army whom they sued has defendants have purported to subject the petitioners to servitude and forced lab our which contrary to article 30 of the constitution..