NAIROBI, Kenya, Apr 27 — The Office of the Director of Public Prosecutions (ODPP) has issued a notice to former Kenya Navy Officers convicted by a Court Martial for Desertion of Duty, urging them to submit themselves to the High Court in Mombasa for the rehearing of their appeals without fail.
The ex-Kenya Defence Force (KDF) officers were granted a reprieve when the Court of Appeal declared a 2015 judgement of the High Court in Mombasa null and void and ordered expedited re-hearing of their appeals on March 1, 2024.
In compliance with the orders, the ODPP filed an application for case management and directions.
Summons have been issued requiring the ex-Navy officers to appear before the Court on April 30, 2024, at 9 a.m. for the hearing of the application.
“Take further notice that in the event of your failure to appear in person or by advocate as ordered by the Court, the applicant shall be at liberty to seek orders for your arrest and committal to prison to serve the remaining term of the sentence of life imprisonment as passed by the Courts Martial following your convictions,” read the notice by the ODPP in part.
The High Court had set aside the officers’ convictions for Desertion, substituting it with the lesser offence of Absence without Leave and reducing their prison terms from life imprisonment to two years.
The ODPP stated that the prosecution is keen to have the appeals reheard expeditiously and to “also help bring clarity so as to settle any confusion or ambiguity and guidance to the Courts Martial on the nature of conduct that constitutes the offences of Desertion and Absence without Leave.”
