The High Court in Nairobi has dismissed a case filed by a military officer from the Kenya Defence Forces who sued the Chief of Defence Forces (CDF) lamenting unfair dismissal.
According to Justice Lawrence Mugambi, the officer’s petition lacked merit.
”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with the Petitioner during the summary trial process was fair and the punishment meted out was in conformity with the Repealed Armed Forces Act,” Justice Mugambi ruled.
High Court dismisses former KDF soldier’s case against CDF. Photo: Courtesy.
The court also 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.
The officer had 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.
The officer had also told the court that KDF dismissed him from service after accusing him of allegedly authoring and distributing leaflets in the form of anonymous letters.
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.
Moreover the officer wanted the government to compensate him for all the maliciously aborted KENBAT 19 United Nations Mission.
