The Court of Appeal in Mombasa has overturned the decision that acquitted 25 former Kenya Defence Forces (KDF) officers.
The overturned High Court decision was issued after the servicemen challenged their convictions by the court-martial.
They included Jeffrey Okuri Pepela, Gabriel Kirigha Chawana, Reid Nyamweya, Samuel Kimani Onesmus, Japheth Muriithi, Ashford Chabari, Polycarp Nyairo, Aggrey Lanogwa, Edward Odanga, John Mutua, George Mutabari and Paul Gichini.
Others are Romano Ntongondu, Leornard Kighombe, Alfred Ketole, Jonathan Manko Murimi, George Nganga, Moses Bolo, Zechariah Gichoe, Albert Muoki Mwololo, Victor Nabwera, Soud Mohamed Omar, Moses Simiyu, Samuel Maingi and Simon Njoroge Mbugua.
The 25 former officers had been charged by the court martial with the offence of desertion, contrary to Section 74(1) (a) of the Kenya Defence Forces Act 2012.
They pleaded not guilty and a trial began after which the court martial found them guilty and sentenced them to life imprisonment.
Aggrieved with both the conviction and the sentence, the former KDF officers filed an appeal at the High Court.
In a judgment dated August 21, 2015, the first appellate court ruled in their favour, setting aside both the conviction and the sentence.
It set all the respondents at free.
The Office of the Director of Public Prosecutions, however, challenged the High Court's decision at the Court of Appeal in Mombasa.
The prosecution submitted that the High Court failed to fulfil its obligation to independently and thoroughly evaluate the decision of the court martial and in so doing, arrived at the wrong conclusion of acquitting the respondents.
Counsel Yamina Jami further stated that the judge failed to review the factual findings and conclusions in relation to the individual appeals rather than issuing a single judgment for all 25 respondents.
In their verdict, Justices Agnes Murgor, Mumbi Ngugi and George Odunga ordered the re-hearing of the appeal by a High Court judge other than the judge who previously handled the matter.
They further directed that the appeals be expedited and determined on a priority basis, taking into account the time that has so far elapsed.
