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Peter Ngari Kagume, David Kanagi Than.Gate, Joseph Mwangi Mbugwa ,Gad Kamau Ndegwa ,Joseph Gaichuru Chege ,Reuben Karangi Kirimi & Peter Nashon Wambulwa v. Attorney General

(2016) JELR 94991 (CA)

Court of Appeal  •  Civil Appeal 255 of 2012  •  17 Jun 2016  •  Kenya

Coram
Hannah Magondi Okwengu, Festus Azangalala, George Benedict Maina Kariuki

Judgement

JUDGMENT OF THE COURT

1. The appellants were, before the 1982 coup d’etat, officers in the Kenya Armed Forces. After the coup d’etat, the 1st and 2nd appellants were court-martialled and handed sentences of 6 months and 4 years respectively but on appeal, the 2nd appellant’s sentence was cut down by half.

2. The other appellants were not court martialled. They were held in various places in Kenya and subsequently released and discharged from service. Twenty four (24) years later, they filed a constitutional application in the High Court titled “petition” seeking a surfeit of declarations numbering 38 which included payment of retirement dues. The reliefs sought also included declarations that the Armed Forces Act contradicted the repealed constitution and the Bill of Rights in it; that the disbanding in 1982 of the Kenya Airforce was unconstitutional; that the discharge and dismissal of the appellants from Kenya Airforce was unlawful; that the arrest and incarceration of the appellants …

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