- The applications to stay out of custody pending the determination of the appeal will be heard on April 22, 24.
- The revoked High Court decision was issued after the officers challenged their convictions by the court-martial for the offence of desertion.
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The High Court in Mombasa has suspended the sentencing of 10 former Kenya Defence Forces (KDF) officers pending a hearing and determination of a matter.
"It is hereby ordered that pending the hearing inter parties of the said Motion the execution of the sentence imposed by the Court Martial against the Applicant (s) be and is hereby stayed and or suspended," an order by Justice Gregory Mutai dated April 6, reads.
Similar orders were issued for four of the applicants on April 4.
The 10 are part of the 25 former servicemen whose acquittal was overturned by the Court of Appeal in March 2024.
The revoked High Court decision was issued after the officers challenged their convictions by the court-martial for the offence of desertion.
The trial court had sentenced them to life imprisonment but aggrieved, they challenged the same at the first appellate court which freed them.
Dissatisfied by the verdict, the Office of the Director of Public Prosecutions (ODPP) moved to the Court of Appeal which ruled in the state's favour.
In their judgment, 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.
Owing to this, ten of the former KDF officers made separate applications before the court to have their sentences suspended pending the hearing of the same, to have them remain out of custody as their appeals are heard.
They urged the court to issue the orders in a fair and just manner to secure their Rights to a fair and just trial.
In one of the applications, one of the ex-officers argued that the appeal had a high chance of success, faulting the court martial for finding that he was on active service against an enemy at the time of the alleged absence from duty, contrary to the evidence adduced.
Represented by Advocate Charles Mwalimu, he prayed to be admitted to bail pending the hearing of both the application and appeal.
He assured the court that he was not a flight risk and committed to appear before the court as required.
The applicant also told the court that he is willing to comply with any condition it might deem fit to impose as security for his attendance at all times and where and as required.
The 10 ex-officers include Samuel Kimani Onesmus, Victor Nabwera, Samuel Maingi, Alfred Egesa Kitole, Gabriel Kirigha Chawana, Leonard Kighombe, Japheth Muriithi, Ashford Chabari, Soud Mohamed Omar and Romano Ntongundu.
The court also certified the applications as urgent and for the motion to be served to the state.
The matters will be heard on April 22 and April 24