In giving the award, the judge said that religious and observance of a day of worship even for the people in the KDF or National Police Service cannot be limited.
“The court has found that the petitioner’s right to free worship was violated and malicious prosecution and false imprisonment that was meted on him is unconstitutional” the judge said.
Justice Nderi observed that KDF personnel worship in different denominations, including Catholics and Protestants and Muslims, saying that other faiths are not so particular about the day of worship unlike SDA.
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[Counsel] urged the court to make a declaration that the imprisonment for 42 days and deduction of the petitioner’s salary for six days was unlawful.
The judge ordered that the petitioner be paid the amount, that includes exemplary damages of Sh3 million, general damages for lost earnings for 12 months be computed and filed in court within 30 days.
He further directed that the petitioner be treated as an ordinary retiree and be paid lump sum and monthly pension as per the KDF Act