By MARTIN MUTUA
The 26 Kenya Navy ex-soldiers who have been in military detention for 70 days are still in jail despite Wednesday’s ruling by High Court to free them on bail. This is because they are yet to fulfill the stringent bail conditions.
Besides, Kenya Defence Forces has applied to suspend the execution of the new orders for 14 days to allow the military challenge the release orders at the Court of Appeal. This application will be determined this morning at the High Court in Mombasa.
The 26 are accused of deserting the Kenyan military to take up jobs with US security firms in foreign countries in 2007 and 2008, which they have denied and accused the military of tricking them back to their former bases in order to arrest them.
On Wednesday, the court also suspended their desertion charges before three court martials at Mtongwe Navy Base in Mombasa for 60 days to enable defence lawyers lodge a constitutional petition against their trial by military tribunals.
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Defence lawyers who told The Standard that they were denied chance to meet their clients after Wednesday’s orders say the soldiers’ constitutional rights have been violated.
On Wednesday evening, Justice Edward Muriethi ordered the soldiers’ released on a bond of Sh500,000 each with a similar surety.
