<p style="text-align: center"><strong><u>JUDGMENT</u></strong></p><p style="text-align: justify"><strong><u>Background</u></strong></p><ol><li><p style="text-align: justify"><strong>Felix Barnabus Shikutwa </strong>(the appellant) is an ordained Catholic priest. In 2003 he was seconded to the armed forces after undergoing an interview and training. On 4th February, 2003 he was commissioned as an officer in the Kenya Armed Forces by the President of the Republic of Kenya. In the year 2006 he was nominated for a peace keeping mission in Southern Sudan. He stayed in South Sudan for thirteen months. Upon his return to Kenya, he reported to <strong>Colonel Bishop Alfred Rotich </strong>(the 4th respondent) and proceeded on leave.</p></li></ol><p style="text-align: justify"><strong>The Ministry of State for Defence and Others, General Jeremiah Kianga, Lieutenant General Jackson Tuwei, Colonel Bishop Alfred K. Rotich </strong>and the <strong>Hon. Attorney General </strong>are the 1st to 5th respondents respectively.</p><ol start="2"><li><p style="text-align: justify">It was the appellant’s case that when he returned from annual leave, on or about 14th July, 2008, the 4th respondent issued him termination of commission instructions from the Defence Council dated 30th June, 2008 with effect from 9th October, …</p></li></ol>