Reprieve for ex-soldiers as KDF plea rejected

By WILLIS OKETCH

The Kenya Defence Forces (KDF) suffered a setback after the High Court in Mombasa rejected a bid to extend the detention of 26 ex-Kenya Navy servicemen it claims deserted the military in 2007 and 2008.

Justice Edward Muriithi reversed an order issued on Wednesday asking them to deposit their passports with the three courts martial where they are charged. The State had filed an objection, saying it would to challenge the orders at the Court of Appeal.

But yesterday Justice Muriithi rejected KDF’s arguments and restated the detainees’ right to bail or bond. The judge, however, upheld an order that the hearing of a case touching on the constitutional rights of the ex-soldiers be stopped for 14 days to give the military time to appeal against his ruling on April 30 this year.

The 26 are accused of deserting the military to take up jobs with US security firms in Afghanistan, Iraq and Kuwait in 2007 and 2008, an accusation they deny. They accused the military of tricking them to return to their former bases to arrest them.

The judge also ordered the ex-soldiers to deposit their passports with the Deputy Registrar of the High court and not the court martial.

They have been released on a bond of Sh500,000 with a similar surety.  They are required to report to respective military bases after every 14 days until the case is determined.