|Justice Hannah Okwengu|
Justices Hannah Okwengu, Milton Asige Makhandia and Fatuma Sichale halted the release of the ex-soldiers after finding [Kenya Defence Forces] had an arguable appeal against the orders, which the High Court gave on April 30 and May 2.
The judges ordered chief of defence forces General Julius Karangi to file his appeal within 30 days after he and others sued by the soldiers were granted stay of execution of the High orders to have the soldiers released pending hearing and determination of their case.
But after the judgment was given, lawyer Daniel Kamunda applied for court proceedings to move to the Supreme Court because he had instruction [to] appeal against the decision.
“My clients are disappointed by the ruling and have decided to move to the Supreme Court to challenge the Court of Appeal decision,” said Kamunda.
“By virtue that KDF is claiming these people are still service members there is presumption they are service members subject to court martial proceedings,” said the judges.