PH
Twenty-five former Navy soldiers were finally freed after being acquitted by the High Court following a successful appeal against a life imprisonment for desertion.
The former soldiers walked out of Shimo la Tewa Prison free men on Monday night after their appeal against the sentence imposed by a courts martial.
They were acquitted on Friday, but they spent the weekend and part of Monday in the prison as their release orders were being processed.
Mr Justice Martin Muya, who had acquitted them intervened to have their release orders signed following a request by defence lawyers who sought the court’s help.
“Release orders should be promptly signed,” said Mr Justice Muya on Monday after lawyer Gikandi Ngibuini told the court that the release orders had not been signed on Friday.
The order seemed to have hastened the process of releasing the former soldiers, who eventually walked to freedom around 8.30pm to begin a new life after almost two years behind bars.
Meanwhile, Mr Justice Muya on Monday gave reasons why he declined an application by the Director of Public Prosecutions seeking a suspension of the order acquitting the former Navy soldiers.
The judge said he could not review his own decision acquitting the former soldiers in the manner it had been sought by the prosecution.
“There were no provisions cited to stay my own decision,” he said.
The judge added that the authorities supplied to support the application were of no relevance.
Assistant Director of Public Prosecutions Alexander Muteti wanted a stay of the acquittal of the former soldiers for 14 days pending appeal.
The application had been opposed by defence lawyers, who argued that there was no evidence to show that the former soldiers had prejudiced any security.
In his judgment, Mr Justice Muya acquitted the former Navy soldiers, saying the offence of desertion had not been proven.
However, he said the offence of absence without leave had been proven but ruled that the amount of time spent by the soldiers in remand was enough punishment.
“All the appellants are set at liberty,” said the judge amid applause from family members who had filled the court.
Mr Justice Muya said it was incumbent on the prosecution to prove their case and that the sentence against the former soldiers was excessive.
The judge also ruled that the charges against the 25 were defective and the courts martial erred in finding that they were active in service.
“Charges did not contain sufficient detailed answers,” said the judge.
The court condemned the “blanket” life sentence against the former soldiers, saying it was uncalled for.
He noted that the courts martial did not consider the former soldiers’ mitigation.
