Serving in Kenya Defense Forces is at times viewed as a privilege but comes with serious duties which requires loyalty and dedication for survival.

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In recent past, cases of dismissal of servicemen have been rampant, although, traditionally, getting such information was not a walk in the park.

Early this year, Lieutenant Colonel Moses Sande hit headlines after winning Sh24 million following wrongful dismissal. 

After being found culpable of leaking information to another soldier who was battling a case, Lt Col Sande was dismissed from service after a trial by court martial.

But Justice James Makau quashed his dismissal, ordering the Department of Defense to pay him the said amount after successful argument in court.

The case put in focus the immunity that disciplined forces enjoy from provisions of the Employment Act, as Justice Makau held that the protection does not give KDF carte blanche to violate rights of soldiers guaranteed under the Constitution.

Section 3(2) of the Employment Act states that its provisions shall not apply to armed forces, Kenya Police, National Youth Service and businesses owned and operated strictly by family members.

His boss and chief of legal services at KDF Kenneth Okoki Dindi viewed this as insubordination, arguing that Mr Sande “resisted instructions from him and continually undermined command maintaining the antagonistic position despite the Act having transitional provisions”.

“During the review of the Armed Forces Act (now repealed) Mr Sande was pushing for amendments that went against the grain of a disciplined force,” Mr Dindi added.

A family from Nakuru is also probably contemplating to sue KDF following dismissal of Second Lieutenant John Mwangi, who KDF says was rightfully dismissed.

“2 Lieutenant (Rtd) John Njoroge Mwangi is no longer serving in the Kenya Defence Forces. His Commission was terminated in August 2018 on disciplinary grounds. During his time in service he did not exhibit any signs of psychological disturbance,” said the DoD.

According to Snr Private Evans Raro, who was dismissed from Kenya Air Force in 2008, there is a process for dismissal which ought to be adhered to.

Within the military, he says, one's dismissal depends on the kind of mistakes and it's magnitude. Serious offenses makes one to be subjected to court martial.

"On light cases, there is a disciplinary committee one appears and defends himself. The committee makes recommendations and sends them to your immediate seniors. Eventually, those recommendations reach your service commander who signs then for your dismissal," he said.

According to him, those who enroll as commissioned officers (Cadets), the dismissal recommendations, once reach the service commander, they forwarded to the President for approval, this is in total contrast to non commissioned officers.

For the serious offences, says the ex-soldier who was dismissed over links to politics, such as misplacing the gun or killing a colleague, one is subjected to court martial.

"The court martial, once you're convicted, you remain in custody until your sentence is over. Thereafter, you will be discharged from duties," he narrated.

But the officers can challenge their dismissal in civilian courts after serving sentences. Even those dismissed for minor offenses, they can nowdays argue their case in Employment and Labour Relations Court.

The military has a chain of command which is strictly followed. Military police is in charge of disciplining corps found with mistakes. There are also military intelligence corps who act as investigators.

Kenya Defense Forces team witnessed major transformation during the tenure of General (Rtd) Daudi Tonje, who served as Chief of Defense Forces from 1996-2000.

He revolutionalised the military, abolishing some of the rules which he deemed ineffective, among them, payment of salaries while queueing. A soldier is heard before drastic actions are taken against him/her.