The Employment court has ordered the Kenya Defence Forces to pay Sh 7.2 million in damages to a senior Military officer who was unfairly dismissed from service.
In the judgement, the court awarded Major Lagan Nyambok Sh 7,255,536 which was broken as follows, half salary withheld for 36 months Sh 3.1 million, medical risk allowance Sh 146,000 and compensatory damages Sh 4 million.
Justice James Rika ruled that KDF violated Nyambok’s constitutional rights and his termination from service as unfair and unlawful.
In the case, Nyambok who was a Major in the army moved to court to challenge the decision by the KDF to dismiss him from service illegally.
Nyambok was the head of the ICU at the Forces Memorial Hospital but was court martialled in 2015 for offences he allegedly committed and was sentenced to I year imprisonment on June 11 2018.
After his conviction he was dismissed from service but he fought back and appealed the decision at the high court and the court quashed all charges and his conviction.
He then moved to the employment court, to seek from reinstatement to service or early retirement with benefits.
Justice Rika has ruled that the decision by KDF to sack the officer and not reinstate him even after the court quashed his conviction at the court martial was unlawful.
“He has not rendered any military services to Kenya, from the date he was unlawfully convicted and sentenced,” the court said.
The court further noted that the evidence placed before court showed that Nyambok who had worked in the military for 27 years before dismissal was still a commissioned officer though not in active service.
