A former Kenya Defence Forces (KDF) officer has been awarded Ksh8 million in damages after being unlawfully dismissed and imprisoned for observing Saturday as his Sabbath day.
According to court records, the officer, who served in the KDF for ten years, was dismissed in 2012 after failing to report for duty on a Saturday, which he observed as a day of worship. He had formally requested permission to be absent from duty on May 31, 2012, but his supervisor denied the request the first such refusal in his decade-long service.
Following his absence, the soldier faced disciplinary action, was imprisoned for 42 days, and later dismissed on grounds that his services were no longer required.
Feeling aggrieved, he filed a constitutional petition at the Employment and Labour Relations Court (ELRC), arguing that his punishment and termination violated his constitutional right to freedom of religion.
Justice Pauline Nyamweya, in her ruling, found that the KDF had acted unlawfully and unconstitutionally, stating that the officer’s right to religious belief and practice had been infringed.
The court awarded him Ksh5 million for the violation of his religious rights, Ksh3 million in exemplary damages for unlawful imprisonment, and 12 months’ salary for wrongful termination. The total amount will attract interest from the date of the ELRC judgment, in addition to the costs of the case.
The Chief of Defence Forces, the Cabinet Secretary for Defence, and the Attorney General had appealed the ELRC decision, arguing that the officer’s conduct amounted to insubordination, not religious persecution. However, the Court of Appeal upheld the lower court’s ruling, affirming that the KDF’s disciplinary action had violated the officer’s constitutional freedoms.
This landmark decision reinforces the constitutional protection of religious rights even within disciplined forces like the military.
