In a landmark decision, the Court of Appeal has upheld a historic Sh500 million award to 280 former Kenya Air Force service men who endured severe hardships after the 1982 attempted coup. The ruling affirms the compensation as the highest ever granted by Kenyan courts for atrocities suffered by former soldiers.
The appellate judges, led by Justice Okwengu, dismissed the Attorney-General’s appeal, asserting that the initial judgment accurately considered the suffering of each soldier. The former servicemen, who faced inhumane treatment including hunger, sleep deprivation, physical assault, and torture, were deemed to have endured cruel and unjust actions by their employer.
The government’s legal advisor argued that the case was defective due to a supposed filing delay, and challenged the court’s authority to address human rights violations and wrongful imprisonment. However, the judges found that the Employment and Labour Relations Court had the power to adjudicate such matters.
Among the victims was Charles Kanari, the youngest of the servicemen, who testified about torture and harsh conditions endured during his imprisonment. The former soldiers filed the case in 1995, initially involving 60 officers. However, it expanded into a class-action suit against the government.
This ruling concludes a 28-year wait for justice, delivering a resounding victory for the former servicemen. The compensation not only acknowledges their pain and suffering but also stands as a testament to the perseverance of those seeking accountability for historical injustices.
The court’s decision sends a powerful message about upholding human rights and ensuring that those who suffered injustices receive due recognition and compensation.
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