AG Githu Muigai. [Photo/http://areacodezero.co.ke]
The Labor Relations Court has transferred to the High Court a petition by nine former Air Force soldiers, who had sued the State for compensation over illegal detention and torture during the attempted 1982 coup.
Justice Stephen Radido transferred the case after Attorney General Githu Muigai filed a preliminary objection seeking to strike out the case on grounds that constitutional violations ought to have been filed before a constitutional court.
The judge said the petitioners had not proved any contractual breach by the army or the State, adding that the petition before him was squarely constitutional.
He further noted that the High Court had dealt with similar cases and that constitutional violations fall under its jurisdiction.
“This is an employment court and the petitioners have not proved any breach of contract by either the army or the State.
The matter concerns constitutional violations which fall under the jurisdiction of the High Court. This court is of the view that the matter is transferred from this court,” he said.
The ex-soldier, Benjamin Kipyegon, Edward Kuto, Kipkoech Chepsiror, Eliud Sang, Mathew Korir, Charles Bii, Francis Bett, Solomon Kipruto and David Kipsang, moved to the Employment and Labor Court in 2016 seeking to have the state compensate them for illegal detention and torture over the 1982 coup.
They claim on August 1, 1982, they were arrested on false suspicion of being part of the coup and taken to Kamiti Prison for interrogation where they were tortured and detained without trial.
Their detention as military men, they say, violated the Armed Forces Act 60 of 1968 and the Prisons Act, adding that they were put in solitary detention with no bedding and toilets.
The Attorney General, Kenya Defense Forces (KDF), the Kenya Prisons and the Ministry of Defense are the respondents in the case.
The matter is expected to be mentioned before the High Court for fixing of a hearing date.