Saturday, May 24, 2014

Increase in collateral attacks on Kenya courts-martial

This report from Nairobi notes a surprising increase in the frequency of applications to the civilian courts of Kenya seeking to head off or overturn courts-martial:
This year alone, more than 20 officers in different cases are contesting the decision of the court martial citing that they will either be unfairly tried and also that the constitution of the members siting in the same has been a ground of a legal battle. 
According to constitutional lawyer John Were, the officers are challenging the decision of the martial in other courts instead of filing for a review as many of them feel that they can never find a positive outcome in the courts formed in the barracks.
“I believe that the composition of the [courts-]martial do not follow the constitution when being formed and as a result the verdicts passed are biased and against the law,” says Were.

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