The Court of Appeal has dismissed a bid by Defence Cabinet Secretary Soipan Tuya to block a former Kenya Defence Forces (KDF) officer from receiving Ksh1 million awarded to him for wrongful dismissal.
A three-judge bench comprising Justices Wanjiru Karanja, Kathurima M’Inoti, and Lydia Achode ruled that Tuya’s application to stop the payment lacked merit.
The judges said the CS had failed to show that the ex-soldier would be unable to refund the money if the appeal later succeeded, or that paying him now would make the case meaningless.
The compensation had been granted by the Employment and Labour Relations Court (ELRC) in January this year. The court found that the soldier’s dismissal nearly two decades ago was unlawful and that he had not been given a fair hearing.
How It All Began
The dispute dates back to 2006 when the officer was accused of stealing a bicycle belonging to his superior, a Corporal. He was later charged before his commanding officer with conduct prejudicial to good order and service discipline under the old Armed Forces Act, which has since been repealed.
Following the incident, he was convicted, dismissed, and allegedly harassed prompting him to move to court in 2014. In his petition to the ELRC, he sought payment of his salary arrears, compensation for wrongful imprisonment and dismissal, as well as his pension and gratuity.
Several years later, CS Tuya and the Attorney General moved to court seeking to have some of the documents he had filed struck out.
They argued that some were uncertified photocopies while others were restricted documents he was not authorised to possess.
However, Justice Rika of the ELRC dismissed their argument, ruling that the papers were part of the soldier’s own service records.
The CS and the AG later filed another appeal to halt the case, but the matter was never heard.
The ELRC went on to determine the case and awarded the ex-soldier Ksh1 million as compensation for wrongful dismissal.
CS Tuya later returned to court, this time seeking to suspend the payment, arguing that the evidence used by the soldier was obtained illegally and that her right to a fair hearing had been violated.
But the Court of Appeal has now settled the matter, rejecting the government’s application and allowing the former soldier to finally receive his dues.
