HUMAN RIGHTS IN MILITARY

Duale wants Ombudsman to attend military court martial sessions

He said they will see fairness in the sessions at the military

In Summary
  • There have been complaints of lack of fairness in the sessions hence the move to invite the officials there.
  • The courts are presided over by military lawyers who deal with cases touching on serving personnel.
Duale with Kenya National Commission on Human Rights (KNCHR) chair Roseline Odede on September 18, 2023
Duale with Kenya National Commission on Human Rights (KNCHR) chair Roseline Odede on September 18, 2023
Image: DOD

Defence Cabinet Secretary Aden Duale wants the Ombudsman to be attending court-martial sessions.

This, according to Duale will make the Commission for Administrative Justice (CAJ) appreciate the fairness with which Kenya Defence Forces administers cases presented against serving military personnel.

There have been complaints of lack of fairness in the sessions hence the move to invite the officials there.

The courts are presided over by military lawyers who deal with cases touching on serving personnel.

He maintained that, as an accountable institution, the Ministry of Defence (MoD) remains open to having a CAJ liaison officer within the Ministry to enable access to information.

He added that the two institutions should undertake joint training as well as joint legislation review.

Duale made the remarks Monday when he held a consultative meeting with the officials from the Office of the Ombudsman led by their Chairperson Florence Kajuju who paid him a courtesy visit at the Defence Headquarters, Nairobi.

Duale said he acknowledges and appreciates the place of the independent Commission founded under Article 59(4) of the Kenyan Constitution and their mandate of tackling maladministration in the public service.

He informed the team that MoD has opened its gates for complaints both internally and externally under the existing chain of command anchored in the KDF Act of 2012.

Also present during the meeting were the Chief of Strategic Policy and Plans Brig Edward Rugendo and Colonel John Ngatia from the Department of Legal Services. 

Duale also met officials from the Kenya National Commission on Human Rights (KNCHR) led by the chair Roseline Odede.

The two discussed a wide range of issues on possible areas of collaboration towards achieving the government’s economic agenda.

KNCHR has been raising human rights issues within the military at large.

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