More than 280 former Kenya Air Force personnel have won a court ruling awarding them Sh7.9 billion for injustices suffered after their dismissal over the failed 1982 coup attempt.
The Employment and Labour Relations Court emphasized that previous judgments in favor of the ex-soldiers had been ignored by the government.
“An order is hereby issued compelling the Attorney General-the Respondent herein, to pay the ex-parte Applicants a sum of Sh7,933,827,426.36 inclusive of costs and interests at court rates from the date of the award to the date of payment in full, the sum being the decretal sum arising out of Milimani Employment and Labour Relations Cause No. 2212 of 2012 Samuel Chege Gitau and 283 others versus the Attorney General,” the court said.
The officers had been accused of planning to overthrow President Daniel arap Moi’s government on August 1, 1982, a coup that was ultimately suppressed by the army and police.
Over the years, the courts have repeatedly ruled that the ex-service members were subjected to unlawful dismissal by the so-called “82 Air Force,” which had no authority to terminate their employment.
In 2016, the court awarded compensation for the pain and suffering endured by the former personnel, noting they were held in custody unlawfully, subjected to prolonged detention, and endured physical and psychological abuse.
They also faced unfair court-martial proceedings and were discharged without pension or terminal benefits.
The ruling reinstated their pension as if they had completed full service and granted general and aggravated damages. Appeals by the Attorney General against the award were rejected.
Recently, the ex-soldiers returned to court, claiming that the government had not implemented the previous rulings. Responding, Principal Secretary for the Ministry of Defence Patrick Mariru said the ministry has outstanding decrees totaling over Sh10 billion.
He warned that paying the awards in full without funding from Parliament could cripple ministry operations, adding, “The ministry can only be accountable for what it has been allocated by Parliament and so far, no such allocations had been made from the exchequer, to settle the amounts.”
The case highlights the long-standing struggle of former military personnel seeking justice for decades-old grievances and the challenges faced by government institutions in honoring large court awards.
