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Defence Forces Council, Cabinet Secretary, Ministry Of Defence, Chief Of The Defence Forces, Commander Kenya Navy, Judge Advocate Court Martial, Defence Court Martial Administrator & Attorney General v. Gabriel Kirigha Chawana & 26 Others

(2015) JELR 102772 (CA)

Court of Appeal  •  Civil Appeal 19 of 2014  •  26 Feb 2015  •  Kenya

Hannah Magondi Okwengu, Milton Stephen Asike Makhandia, Fatuma sichale



[1] This appeal arises from two rulings that were made by Muriithi, J. in Mombasa H.C.C.Petition No. 21 of 2014. The Petition was filed on 9th April, 2014 by Gabriel Kirigha Chawana & 26 other persons (hereinafter referred to as “the respondents”). It was filed against the Kenya Defence Forces Council, the Cabinet Secretary- Ministry of Defence, the Chief of The Defence Forces, the Commander Kenya Defence Forces -Navy, the Judge Advocate Court Martial, the Defence Court Martial Administrator, and the Honourable Attorney General (hereinafter referred to as “the appellants”).

[2]Filed contemporaneously with the petition was a Notice of Motion dated 9th April, 2014, brought under certificate of urgency in which the respondents sought a plethora of orders. The orders included injunctive and conservatory orders restraining the appellants from charging, detaining, convening and/or proceeding with any Court Martial proceedings against the respondents; a habeas corpus …

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