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Army officers sue AG for wrongful dismissal

By | January 24th 2011

By Standard Team

Two servicemen dismissed from the military for alleged misconduct now want the Department of Defence to reinstate them for wrongful sacking or discharge them honourably with full honours and entitlements.

They have dismissed as an unfair the processes leading to their discharge, terming them selective and punitive justice.

Warrant Officer Samson Okullo Anyango was dismissed from the Kenya Air Force on January 11, 2006, for allegedly assaulting a matatu driver at Adams Arcade in Nairobi, but now says he intends to sue the Attorney General on behalf the Armed Forces for what he considers to be wrongful dismissal.

Also dismissed was private Shaban Kilel, who was charged and dismissed from the force on March 30, 2006.

Anyango says he was not given a fair hearing and was denied the right to defend himself, saying the proceedings that validated his sacking constitutes an abuse of the legal process and/or abuse of office.

This is according to his lawyers, JAB Orengo Advocates, who on May 21, last year, wrote to the AG seeking several declarations including special damages, compensation and cost for the distress, embarrassment and financial loss he has undergone after dismissal.

Their lawyers also argue that the force should honour financial allowances entitled to them even after dismissal.

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