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Scars of war: Court awards former soldier Sh30 million

Justice Jemima Wanza awarded Moses Etyang Sh30 million after finding that he was neglected at the war field. [iStockphoto]

His then-boss, a Major Shangata, thought that the injuries were not severe enough for him to get medical attention. He only received first aid and was ordered back to the battlefield.

At the camp, he started experiencing back pains and could not walk properly and his request for treatment fell on deaf ears.

He also started having severe headaches, dreams, and sleepwalking which he reported to the doctor in the camp but nothing was done.

However, his health kept deteriorating. In the meantime, in 2015, the troop completed its mission and returned. It is then that the late Seargent Tigo advised that Eytang needed to be checked as he had memory loss and impaired judgment.

The former soldier told court that he was charged with desertion, and sentenced to 42 days. When he completed his sentence he was told to return his boots and go home.

The court heard the serviceman was denied treatment when he requested to go to Forces Memorial Hospital.

Eytang's father, Julius Etyang, told the court that it was the CDF's responsibility to ensure his son was taken care of until full recovery, instead, he was ordered to continue working.

The court heard that Etyang was discharged over Schizophrenia.

The CDF and Attorney General in their response told the court that Etyang was dismissed from service after he allegedly pleaded guilty to five counts.

Major Edwin Kibiru Muta swore a replying affidavit on behalf of the CDF.

He was slapped with 18 days salary deduction and 42 days jail term. This was in 2015. He then, after three years appeared in 2018 but he was ruled out by the medical board which found that he had schizophrenia, a condition that requires life-long treatment.

The board recommended 30 per cent compensation. This was Sh350,000. Eytang was in KDF for seven years and two months and had no disciplinary issues.

The ex-desert ranger told the court that he was tried and convicted without KDF bosses investigating what was happening to him.

At the same time, he submitted that during the disciplinary hearing, he was ambushed and was not allowed to either get evidence or call witnesses who would testify on his behalf.

According to his testimony, the employer had a duty to ensure that his working conditions were reasonable.

On the other hand, the CDF claimed that Etyang had previously been charged with drunkenness on March 31, 2012 and the matter was investigated by the military police who made a comprehensive report before the charges.

The court heard that Etyang also appeared with a witness on August 11, 2015, and the charges were read to him.

The KDF boss also told the court that he knew the redress mechanism but did not change the verdict of the commanding officer.

However, while faulting the CDF, Justice Wanza found that there was no investigation report attached to all the charge sheets.