Court awards murder suspect Peter Mugure Sh2m for unlawful sacking from KDF

Former Kenya Defence Forces (KDF) soldier Peter Mugure has breathed a sigh of relief after the court ruled that he was unfairly dismissed.

Nyeri employment and labour relations court judge Onesmus Makau ruled that the government's dismissal of Mr Mugure did not meet the legal threshold.

Mr Mugure was serving as a Major in the Kenya Air Force at Laikipia Air Base, but is currently facing murder charges and is being held at King'ong'o Maximum Prison in Nyeri.

“A declaration that the termination of his commission was unfair, unlawful and unconstitutional as it was done in breach (of) express provisions of the law, the constitution and the rules of natural justice,” noted Justice Makau in the judgment dated August 31, 2023.

Laikipia Base Commander

In the suit, Mr Mugure urged the court to quash a November 18, 2019, disciplinary trial presided over by the Laikipia Base Commander that found him guilty.

Following the trial, the suit shows that the government stopped remitting his salary the following year.

Mr Mugure argued that he was presented before the Base Commander just a few hours after his arrest on the allegations of killing his wife Joyce Syombua (31), and two children – Shanice Maua (10) and Prince Michael (5).

During the disciplinary trial, he was charged with disobeying the KDF Act of 2012 by entertaining guests, Syombua and her two children, at the residential section of the military airbase without permission.

Justice Makau said that the ex-soldier is entitled to payment of terminal benefits including pension in accordance with the law.

The judge also awarded Mr Mugure Sh2 million as damages for the violations of his constitutional rights.

“Considering the circumstances of the case before the court, where indeed the petitioner had admitted having breached Base Standing Orders, I award him Sh2 million for the procedural violations during the termination of his commission contrary to Article 47 of the Constitution read with Section 4 (3) of FAA Act,” the judgement read.

Compensate Mr Mugure

The court further directed the respondents to compensate Mr Mugure for the injuries he incurred in 2010 while he was working.

“…it is only fair that the respondent compensates the petitioner for the said injuries pursuant to the applicable KDF regulations,” Justice Makau ruled.

The petitioner had sought the court to rule that his job termination be declared a nullity and an order for reinstatement be granted, a request that Justice Makau termed as impossible.

“The order is not possible as three years have elapsed since the termination of the petitioner’s commission. Besides, he did not adduce any evidence to show that reinstatement is practicable,” the judgement read.

Mental assessment

In the petition, the Ministry of Defence and the Attorney General were listed as first and second respondents.

Before subjecting him to the trial, Mr Mugure said that the military officers ought to have subjected him to a mental assessment but this did not happen.

He said that during the disciplinary committee hearing, he was not psychologically ready to stand trial, a circumstance that the senior military officers failed to consider.

During cross-examination by the government’s lawyer, Mr Brian Tororei, the petitioner refuted claims that he wrote a resignation letter which led to his dismissal from the army.

Lawyer Tororei had told the court that Mr Mugure wrote a resignation letter on November 14, 2019, which contributed to his dismissal from the army.

During the proceedings, the court heard that on October 25 and 26 of 2019, Mr Mugure received and accommodated three civilian guests in his officer’s mess at the Laikipia Air Base, allegedly without permission from the chairman of the Mess Committee who was also the acting Base Commander.

Syombua and her two children were reported missing and their bodies were found stacked in a gunny bag and buried in a shallow grave in the Makaburini area within Nanyuki.

The former Major was charged and the matter is still ongoing in court.