A military officer from the Kenya Defence Forces had filed a lawsuit against the Chief of Defence Forces (CDF) regarding unfair dismissal. However, on Tuesday, the High Court in Nairobi dismissed this case.
The officer claimed in court documents that he was unlawfully dismissed from the force in 2014, arguing it was a witch hunt against him. He claimed that his refusal to purchase cigarettes for one of the people who later reported him was the reason for his dismissal.
Moreover, the officer informed the court that he was dismissed from KDF service after being accused of allegedly creating and disseminating leaflets disguised as anonymous letters about the selection of Kenya Batallion (KENBAT).
Officer Benjamin Chelang’a, who was affected by the situation, contended that he had been unlawfully detained for 12 days while serving a 40-day sentence imposed by the KDF at Lanet Barracks in Nakuru. He added that his dismissal made him unemployable and caused him significant mental distress.
Chelang’a was thus insisting that the court instruct the KDF to reinstate him and provide compensation for the damages incurred. He also pursued a promotion to Warrant Officer II, asserting that he had remained at the same rank for 11 years.
Moreover, the officer sought compensation from the government for all privileges related to KENBAT 19 United Nations Mission that were maliciously aborted, totaling US $1,028 (Ksh149,060) per month over a year as a result of the false charges.
Justice Lawrence Mugambi ruled that the officer’s petition was without merit, dismissing the case and ordering both parties to cover their own costs.
Justice Mugambi ruled, ”This Court finds that the 1st Respondent (CDF) was fair in dealing with the Petitioner during the summary trial process and that the punishment imposed was consistent with the Repealed Armed Forces Act.”
This followed the court’s determination that KDF managed the officer’s dismissal in a manner consistent with service orders and fair. The court determined that the officer had sought a voluntary discharge from the army in light of his challenges. This means that the officer will continue to be unemployed, even though his case was dismissed.
The Chief of Defence Forces, the Attorney General, and the Director of Public Prosecutions were listed by the officer as the first, second, and third respondents, respectively.
On June 2, 2001, Chelang’a joined the Kenya Army as a corporal in the KDF. Throughout his career, he held different military roles and ultimately became an intelligence officer in the Military Intelligence Battalion in 2012.
