The Employment and Labour Relations court noted that the government had willfully disregarded court decisions issued in favour of the 284 former military men.
The government had been directed to pay Sh7.9 billion to more than 280 former Kenya Air Force soldiers and officers, who were fired over the 1982 failed coup.
The Employment and Labour Relations court noted that the government had willfully disregarded court decisions issued in favour of the 284 former military men.
“An order of mandamus compelling the Attorney General, the Respondent herein to pay the ex-parte applicants a sum of Sh7,933,827,426.36 inclusive of costs and interests at court rates from the date of the award to the date of payment in full, the sum being the decretal sum arising out of Milimani Employment and Labour Relations Cause No. 2212 of 2012 Samuel Chege Gitau and 283 others versus the Attorney General,” the court said.
The former air force men were accused of being behind plans to overthrow the government of President Daniel arap Moi on August 1, 1982. The coup was crushed by army men and the police.
The former officers and service men won the court battles as the court issued various declarations in their favour after concluding that they suffered in the hands of “82 Air Force” which they said had no authority to retire, dismiss or terminate their services.
In 2016, the court awarded the former air force men for the pain and suffering they endured at the hands of the government, following their arrest over the attempted coup.
The court found that the former soldiers were tortured and put in unlawful custody for prolonged periods while undergoing interrogations.
Torture and degrading treatment
They were also subjected to immense torture and inhuman and degrading treatment while in custody, were subjected to unlawful and unfair summary trials and court martial and subsequently imprisoned for varying periods bore being discharged from service without payment of terminal benefits and pension.
They were awarded general and aggravated damages and, the court reinstated their pension benefits, as if they had served up to retirement.
Subsequent appeals by the Attorney General were dismissed.
The former soldiers went back to court stating that the government was yet to honour the court decisions and pay them as directed.
In response, the Principal Secretary Ministry of Defence, Patrick Mariru said the ministry has pending decrees amounting to over Sh10 billion.
He said the payments would completely paralyze its operations, if the awards were to be honoured.
He further said the ministry can only be accountable for what it has been allocated by Parliament and so far, no such allocations had been made from the exchequer, to settle the amounts.
Mr Mariru said payments should, therefore, be provided for in the government compensation estimates.
