Navy ex-soldiers’ kin seek their release

By WILLIS OKETCH

Mombasa, Kenya: The families of 27 former Kenya Navy soldiers facing court martial over claims they deserted their jobs will on Friday move to the High Court in Mombasa in a bid to have their kin brought before court.

In a habeas corpus application, lawyers or families seek the physical production of a missing or incarcerated person in court.

The families’ lawyer, Henry Kurauka, said they want the ex-soldiers to be produced in court so that they can apply for their release on bond, as is their right, as they wait for legal action against them.

“We have already succeeded in stopping the proceedings after we got a stay and we expect to apply for their production in Mombasa High Court tomorrow (today),” said Kurauka yesterday.

And last evening the High Court in Mombasa extended the stay orders against three courts martial at the Mtongwe Navy Base by six days.

Lawyers for the ex-servicemen successfully applied for the extension before Justice Edward Mureithi at the High Court in Mombasa saying their request was urgent because their clients are suffering in military cells and they need some more time to prepare and argue for other reliefs.

The lawyers argued that the court martials would proceed if the period would reconvene before their application to stop them is heard and determined.

Justice Mureithi certified the matter urgent and extended the orders, then ordered the lawyers representing the ex-soldiers to serve all parties in the suit and appear for the hearing on April 16.

Lawfully resigned

Among the issues lined up for the hearing include an application by the defence to restrain the Kenya Defence Forces from, unilaterally detaining the former soldiers.

The former servicemen claimed they lawfully resigned from the Navy but the Kenyan military accuses them of deserting the force.

The other lawyers defending the ex-servicemen are Daniel Kamunda and Charles Mwalimu who argued that the proceedings violate their clients’ rights.

During yesterday’s proceedings, the former soldiers were remanded by Judge Advocate Court Martial Samuel Gacheru until the case in the High Court is determined.