Environment Cabinet Secretary Soipan Tuya has suffered a setback after the Court of Appeal dismissed her attempt to block payment of Ksh1 million to a former Kenya Defence Forces (KDF) soldier who was wrongfully dismissed nearly two decades ago.
A three-judge bench comprising Justices Wanjiru Karanja, Kathurima Mi’Noti, and Lydia Achode ruled that Tuya’s application for a stay of execution did not meet the legal threshold. The court held that the CS had failed to demonstrate that the former soldier would be unable to refund the money if her appeal succeeded, or that the appeal would be rendered nugatory.
The soldier had been awarded Ksh1 million by the Employment and Labour Relations Court (ELRC) on January 31, 2025, as compensation for wrongful dismissal. The court found that his conviction, harassment, and subsequent termination in 2006 were unlawful, as he had been denied a fair hearing.
The case dates back to March 2006, when the soldier was charged with conduct prejudicial to good order and discipline under the now-repealed Armed Forces Act. He was accused of stealing a bicycle belonging to his superior. In 2014, he petitioned the ELRC seeking salary arrears, damages, and payment of his pension and gratuity.
CS Tuya and the Attorney General later challenged the inclusion of certain service records in the case, terming them unauthorized and uncertified. However, Justice Rika dismissed their objections, prompting a series of appeals that have now been rejected.
With the latest ruling, the Court of Appeal has paved the way for the ex-soldier to finally receive his compensation, marking the end of a nearly 20-year legal battle against wrongful dismissal.
