Ex-soldiers fight to be released on bail

Twenty six former soldiers sentenced to life imprisonment by a Court Martial have asked a judge to release them on bond pending the hearing and determination of their appeals.

Through a team of more than five lawyers, the former soldiers told High Court judge Martin Muya that they faced defective charges at the military court.

The former Kenya Navy soldiers, who are serving their jail terms at Shimo La Tewa prison, argued that their appeals have overwhelming chances of success.

They were charged at the Court Martial with desertion.

Law Society of Kenya chairman Eric Mutua, who is among the lawyers representing the former soldiers, argued that the appellants faced a defective charge at the Court Martial.

Mr Mutua told the court the offences they were found guilty of are alleged to have been committed in 2007 yet the law they allegedly broke was enacted in 2012.

“There is no doubt in the mind of counsels that this is a point of law which warrants scrutiny during appeal,” said Mr Mutua.

BAIL

The law society chairman said the determination of bail by the court will go a long way to establish jurisprudence.

“I beg the court to make a landmark determination that members of the armed forces enjoy rights guaranteed in the Constitution like any other Kenyan,” said Mr Mutua.

Another lawyer, Mr Gikandi Ngibuini, told the court that the former soldiers were discharged in a proper manner.

He said when they were discharged from the forces, nobody went to look for them.

But Assistant Director of Public Prosecution Alexander Muteti opposed the proposal to release the 26 saying it has no merit.

Mr Muteti said the defence did not “ thoroughly” show how the charges were defective.

“You can get justice in a Court Martial. Only those who serve in the military can understand best how to handle colleagues,” said Mr Muteti.
The judge will rule on March 16.