Court martial proceedings against 27 ex-soldiers charged with deserting duty halted

Lawyers (from left) Charles Mwalimu, Michael Mwanyale, Henry Kurauka, Daniel Kamunda and Augustine Ondieki  in consultions at one of their offices in Mombasa. They are representing the 27 ex-soldiers charged with deserting duty. (Photo:Maarufu Mohammed/Standard)

By Willis Oketch

Kenya: The High court in Nairobi has stopped three Court Martial proceedings at Kenya Navy Mtongwe base in Mombasa where 27 ex- soldiers have been charged with deserting  military services  between 2007 and 2008.

Wednesday evening orders stopped the three benches created by the Kenya Navy to try the ex- servicemen, with proceedings which were expected to resume this morning. The ex-servicemen's lawyers Wednesday evening were frantically trying to serve the orders on the Department of Defence (DoD). They are also expected to serve the three court martials this morning.

Justice David Majanja gave the orders after 27 ex-soldiers through their  lawyers persuaded the court to stop the court proceedings which were expected to proceed Thursday morning  at Mtongwe.

The lawyers Henry Kurauka, Daniel Kamunda and Charles Mwalimu told the court that the proceedings against their client were unconstitutional because it was violating their fundamental human rights.

“To enable the petitioners move to the high court in Mombasa, I hereby issue conservatory orders against court martial 1 2014, court martial 2 2014 and court martial 3 2014 pending further orders from the High court in Mombasa,”said Justice Majanja.

Justice Majanja ordered the ex-soldiers lawyers to serve Chief of Defence at Kenya Armed Forced headquarters, Judge  and Advocates of Court martial  who are presiding over the cases.

Kurauka said the file will be placed before Mombasa Resident Judge  where the defence lawyers intend to apply for orders to have the ex-soldiers be released on bond.

“In view of the fact that court martial being held in Mombasa  this file will  be transferred for the hearing and determination for further orders” said Justice Majanja.

The ruling comes 24 hours after senior private Zackary Oichoe changed his guilty plea on Tuesday which hehad entered on Monday.

Oichoe who was  unrepresented changed his mind before Mombasa Principal Magistrate Mr Samuel Gacheru who is expected to rule on  the way forward today when the court reconvene.

The remaining 26 suspects did not plead to the offence on Monday.