The former military intelligence officer had attributed his troubles to a grudge between him and the Chief Clerk at the camp.
A military intelligence officer discharged from the Kenya Defence Forces (KDF) over accusations of authoring inciting leaflets at Lanet Barracks has lost a bid for reinstatement to the service and compensation.
Benjamin Chelang’a Lombelo wanted the High Court to quash his discharge and conviction after being implicated in authoring anonymous incitement leaflets concerning the Kenya Battalion (Kenbat) selection in January 2010 at the military camp.
He was enlisted as a member of the KDF in June 2001 and served in various positions within the military, the last being an Intelligence Officer in the Military Intelligence Battalion in 2012. He was discharged from the service on May 1, 2014.
He attributed his troubles to a grudge between him and the Chief Clerk at the camp because he declined to lend him money to buy cigarettes.
In his pleadings against the Chief of Defence Forces and the Attorney-General, the officer also sought compensation for all the Kenbat 19 UN Mission privileges worth $1,028 monthly (Sh133,640) for the year 2010 and damages for brutal handcuffing and lockdown.
Summary dismissal
But Justice Lawrence Mugambi declined the petition after finding that the officer's summary dismissal complied with the provisions of the Armed Forces Act, 2009 (repealed) and that his rights and freedoms were not infringed.
"On whether any of the petitioners’ rights and freedoms were infringed upon by the Commanding Officer of the KDF in the summary proceedings, it is my finding the Repealed Armed Forces Act was painstakingly followed. The petitioner was informed of his case and was given an opportunity to defend himself including an adjournment so that he could prepare for the hearing," said the judge.
Mr Lombelo was charged in January 2010 and found guilty of an offence described as “conduct to the prejudice of good order and service discipline” and was sentenced to 42 days imprisonment. It was recommended that he be discharged from the service.
According to KDF, the officer contravened military norms and chain of command of communicating a grievance.
The recommendation for his discharge was reviewed and was directed to continue in service.
However, the court heard that he was dissatisfied with the publication of the 42-day imprisonment in his service record and applied several times for review of the same but all attempts were declined on merit.
Through Major Edwin Muta, the Chief of Defence Forces and the Attorney-General, while opposing the case, told the court that the officer was charged following investigations by the military personnel. They said that Mr Lombelo was accorded a fair hearing during the disciplinary proceedings.
“That the investigations conducted by the military personnel led to the petitioner being charged with two offences under section 68 of the repealed Armed Forces Act, for conduct to the prejudice of good order and service discipline after he was implicated in authoring and circulating inciting leaflets in the camp,” Major Muta stated in an affidavit.
“That he was presented with all the necessary evidence in preparation of his defence and accorded sufficient time to prepare for the hearing before he was subjected to a fair and lawful summary process by the Commanding Officer in line with the Repealed Armed Forces Act and Armed Forces Rules and Procedures, 1969. That upon conclusion of the trial process, the petitioner was found guilty of charge one and sentenced to 42 days imprisonment but charge two was dismissed for being duplex to charge one. He was further recommended for discharge from service under Section 176 (b) of the Repealed Armed Forces Act,” he added.
Major Muta said the officer voluntarily requested to be discharged from service/early retirement on compassionate grounds in December 2013, and the request was considered and approved.
"The punishment meted against him was only temporary and was aimed at bringing him on the right track as he was a member of the disciplined forces. Upon his resignation, the petitioner was paid his retirement benefits less the service and government liabilities. This petition is a front by the petitioner to unjustly enrich himself after squandering all this pension and seeking reinstatement after his voluntary resignation," the court heard from Major Muta.
In his petition, Mr Lombelo complained that the discharge from KDF service has made him unemployable and has caused him mental anguish.
