A Kenyan court has awarded a former soldier Ksh 8 million in damages for unfair dismissal and imprisonment. The ex-Kenya Defence Forces officer was fired in 2012 after a decade of service for missing duty to observe his Saturday Sabbath.
The soldier had formally requested permission to be absent for worship on May 31, 2012. His supervisor denied this request for the first time in his ten-year career.
This refusal led to his subsequent imprisonment for 42 days and eventual dismissal. The military stated his services were no longer required following this disciplinary action.
The former officer then filed a constitutional petition challenging his termination. He argued that his fundamental rights had been severely violated.
Justice Pauline Nyamweya of the Employment and Labour Relations Court ruled in his favor. She declared the dismissal and imprisonment both unconstitutional and unlawful.
The judge found that preventing his Saturday worship infringed upon his religious freedom. The court awarded him Ksh5 million specifically for this rights violation.
An additional Ksh3 million was granted as exemplary damages for his unlawful detention. The ruling also included 12 months’ salary for the wrongful termination.
The Chief of Defence Forces and other state officers had appealed the initial judgment. They argued the case involved insubordination, not religious persecution.
The appellants made it clear that, military discipline and uniformity are paramount for operational readiness. However, the Court of Appeal upheld the earlier decision and the substantial award.
This landmark judgment reinforces the protection of religious rights for all citizens. It sets a significant precedent for the balance between institutional discipline and individual constitutional freedoms.
By Nairobi