25 KDF soldiers acquitted of deserting duty

25 Kenya Defence Forces (KDF) soldiers who had been sentenced to life in prison by the Court Martial for desertion have now been acquitted by the High Court in Mombasa.

Delivering the ruling, High Court Judge Martin Muya said the prosecution had failed to prove beyond reasonable doubt that the KDF officers deserted duty.

Justice Muya however found the 25 soldiers guilty of absconding duty and sentenced them to two years in prison.

The soldiers, who were accused of deserting their naval stations in 2007 and 2008 ‘during war time’ to work for US security firms in Iraq, Afghanistan and Kuwait were convicted and jailed by three Judge Advocates.

However, they appealed the verdict and conviction on the grounds that the Government charged them illegally in military courts, yet became civilians after resigning.

However, the Government maintained they are still serving soldiers because they, allegedly, did not resign, procedurally.

The soldiers accused the military tribunal of failing to admit their resignation documents as proof that they were lawfully allowed to leave the armed forces.

In their appeal, the soldiers claimed that the Kenyan military was not engaged in any war when they quit.

They further alleged that they had been charged and convicted under the Kenya Defence Forces Act of 2010, yet they left the force before it was enacted.

The former KDF soldiers accused the members of court martial of making a finding that they were in active service under the armed forces act, yet the charge had been preferred under Kenya Defence Forces Act under definition of active service which was radically different.