DPP to appeal against acquittal of ex-soldiers
One of the ex-Navy soldiers who had been sentenced to life in prison for desertion celebrates after being set free by the High Court in Mombasa on August 21, 2015. PHOTO | LABAN WALLOGA | NATION MEDIA GROUP
The Director of Public Prosecutions (DPP) has filed a notice of appeal against the acquittal of 25 former soldiers by the High Court.
The men had been sentenced to life imprisonment by a court martial for desertion.
According to the notice, the DPP intends to appeal the entire judgment by Justice Martin Muya at the Court of Appeal.
“Take notice that the DPP being dissatisfied with the whole decision of Justice Martin Muya delivered on August 21, 2015, intends to appeal,” said Assistant DPP Alexander Muteti in the notice.
Justice Muya acquitted the former navy soldiers, saying the offence of desertion had not been proved. However, he said the offence of absence without leave had been proved.
He ruled that the amount of time the soldiers had spent in remand was enough punishment, and hence acquitted them.
An application by Mr Muteti immediately after the judgment was delivered, seeking to suspend the acquittal order for 14 days pending appeal, was rejected.
The judge said he found no reasons to allow an application seeking the suspension.
He said he could not review his own decision acquitting the men as sought by the DPP.
“I sat on appeal on the court martial cases, there were no provisions cited to stay my own decision,” said Mr Muya.
SENTENCE WAS 'EXCESSIVE'
In his lengthy judgment, Mr Muya said it was the duty of the prosecution to prove its case and that the sentence against the former soldiers was excessive.
The court also ruled that the charges against the former soldiers were defective and the court martial erred in finding that they were active in service.
Mr Muya said it was not disputed that the appellants wanted to leave the Kenya Defence Forces since there was evidence they had started the process of leaving.
“Charges did not contain sufficient detailed answers,” said Mr Muya, adding that he was not satisfied that the prosecution proved the charges against the men.
The court condemned the “blanket” life sentence imposed on the former soldiers, saying it was uncalled for and noting that the court martial did not consider the men's mitigation.
In arguing their appeals at the High Court, the former soldiers claimed the charge against them at the court martial was defective.
They also told the court that the particulars of the charge of desertion were not disclosed.
