The Permanent secretary for Defence has been committed to six months civil jail for failing to pay five former military officers Sh12.5 million for illegal detention during the 1982 coup.
High Court judge Jairus Ngaah on Wednesday ruled that Dr Ibrahim Mohammed was in contempt of court after he failed to show up in court to explain why he had not obeyed the court orders of November 14, 2017.
The five former service men had served in the armed forces between 1975 and 1982 and had lodged the claim 30 years after the alleged violation took place.
"I find that the Permanent secretary for Defence having failed to turn up in court and mitigate why he has not obeyed court orders, I hereby commit him to six months civil jail," ruled the judge.
The judge noted that the PS had failed to honour a judgement that was delivered on November 14, 2017.
The five former service men - Joel Bernard Lekukuton, Joseph Kipkurui Rotich Yopsoi, Jason Leariong, James Lesiopa Longipo and William Leaduma Seketian - had been fired and detained for allegedly taking part in the failed coup.
In their application before court, the five argued that the judgement was issued on November 14, 2017 but the respondents have not paid and have not appealed nor obtained any stay from any court.
They averred that the PS was issued with an order compelling him as the accounting officer of the Ministry of Defence to make payment of Sh12,500, 000 plus interest from November 14, 2017.
“He was served with the court order on July 17, 2019 but failed, ignored and refused to make payments to applicants,” the court heard.
In their case, the former soldiers said that in August 1982 there was a mutiny and attempted coup in the country by elements within the armed forces which was short lived, several arrests were made and deaths recorded.
The ex-service men claim to have been entangled in the entire scene leading to not only their discharge from the forces but also their detention and imprisonment in certain cases.
The five had submitted that their rights had been violated for unlawful detention and lost their liberty by being treated inhumanely by being locked up in waterlogged and dark cells.
