TOM MARTINS KIBISU V. REPUBLIC

JUDGMENT

A. INTRODUCTION

[1] This is an appeal by Lieutenant-Colonel Robert Tom Martins Kibisu, against the Judgment of the Court of Appeal at Nairobi delivered on 7^th February, 2014 upholding the Judgment and Decree of the High Court (Mumbi Ngugi, J) dated 16^th March, 2012.

[2] Although the appeal to this Court does not state upon which provision of the law or the Constitution it is premised, a glance at the issues raised suggests constitutional questions which the appellant, without the assistance of counsel, has identified. These entail the interpretation and application to this case of Articles 24(1), (2), (3), (5); 25(b) and (c) and 50(6) of the Constitution. The appellant also asks this Court to address the question as to the constitutionality of Section 115(3) of the repealed Armed Forces Act (Cap 199, of Laws of Kenya).

B. BACKGROUND

[3] The record of appeal discloses that the appellant was dismissed from the then Armed Forces of Kenya on 15^th April, 2005 following a conviction by …