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Twenty-six former soldiers charged with desertion after quitting to work for US security firms in the Middle East will know their fate on December 15.
This is when the Court of Appeal is expected to rule on what constitutes an offence of desertion of duty in Kenya Defence Forces and whether the soldiers should serve a life jail term.
Judges Agnes Murgor, Mumbi Ngugi and George Odunga heard from the Director of Public Prosecution that the trial judge misdirected himself by failing to render judgment that meets legal requirements.
In 2016, the High Court in Mombasa quashed the military tribunals' verdict on appeal and freed the former soldiers.
The tribunal had sentenced the ex-soldiers to life imprisonment.
KDF accused the soldiers of deserting duty in 2007 and 2008 to work for the US security firms in Kuwait, Iraq and Afghanistan.
They were arrested after seven years.
