When it comes to the military, discipline and loyalty have always been top on the list of things that are demanded of soldiers the world over.
But the demand for blind loyalty has now come back to bite the Kenya Defence Forces (KDF), which will now have to pay Sh24 million to an officer it dismissed for giving information that helped another ex-soldier’s case against the military.
And, because President Uhuru Kenyatta had not personally fired Lieutenant-Colonel Moses Lukalu Sande as required by law, the High Court ruled that the military erred by relieving him of his duties.
The case is important because it involves soldiers’ rights to fair labour practices, fair administrative action, fair hearing, and rights to protection from dismissal, removal from office, demotion or otherwise subjected to disciplinary action without due processes guaranteed by the Constitution, KDF Act and rules of natural justice.
Lt-Col Sande, a KDF specialist, was fired on May 6, 2014 for giving information about employment of specialists in the military’s legal office to a lawyer who was representing a sacked soldier.
To the KDF, this betrayed the loyalty expected of all soldiers hence Mr Sande had to go. He was at the time a senior officer in the legal department.
Lt-Col Sande joined the army on November 15, 2001 as a cadet and rose through the ranks, eventually joining the KDF’s legal department.
Things suddenly changed in May 2014 when a brown envelope was delivered to Mr Sande’s desk. In it was a letter, but not addressed to him. The document was, to Mr Sande, curious because aside from not being copied to him, it spoke of both termination of services and retirement.
In giving the award, Justice Onesmus Makau ruled that, as per the law, officers above the lieutenant-colonel rank such as Moses Lukalu Sande can only be fired through a letter directly from the President which must state reasons for termination.
KDF had refrained from attaching most documentation in the suit, arguing that this information is classified.
The case put in focus the immunity that disciplined forces enjoy from provisions of the Employment Act, as Justice Makau held that the protection does not give KDF carte blanche to violate rights of soldiers guaranteed under the Constitution.
Section 3(2) of the Employment Act states that its provisions shall not apply to armed forces, Kenya Police, National Youth Service and businesses owned and operated strictly by family members.
The KDF, in particular, has been put on the spot severally as its disciplinary and court martial processes are often perceived to be biased.
At the heart of Justice Makau’s decision was the fact that KDF failed to table any evidence that President Uhuru Kenyatta indeed authored a termination letter to Mr Sande in line with military procedures for dismissal of any officer above the lieutenant-colonel rank.
In court, the KDF painted Mr Sande as troublesome.
For instance, the court heard, in 2013, the KDF was preparing to initiate court martial proceedings against several servicemen who were accused of breaching various laws. Mr Sande advised that revised regulations for the army at the time had not been effected hence several cases would fall flat on their faces.
His boss and chief of legal services at KDF Kenneth Okoki Dindi viewed this as insubordination, arguing that Mr Sande “resisted instructions from him and continually undermined command maintaining the antagonistic position despite the Act having transitional provisions”.
“During the review of the Armed Forces Act (now repealed) Mr Sande was pushing for amendments that went against the grain of a disciplined force,” Mr Dindi added.
In the same year, ex-soldier Phinhas Mugo was facing seven charges at the court martial court related to losing his duty-assigned weapon, leaving his post before being relieved and absconding work.
KDF prosecutors were caught flat-footed when Mr Mugo’s lawyer, Odera Were, used KDF’s hiring policy at the legal department to challenge the case.
Angered by Mr Were’s knowledge of the policies which appeared to strengthen Mr Mugo’s case, KDF opened investigations into how the information had been acquired.
Court records do not indicate the findings of the probe, but show that Mr Sande had communicated the information to Mr Were.
KDF immediately opted to dismiss Mr Sande, arguing that he shared classified information with an unauthorised individual.
At the time, Mr Sande was 41 years old and was on the verge of becoming a full colonel. Despite being ranked as a lieutenant-colonel, he was receiving the monthly Sh313,000 salary of a full colonel.
On average, one will be promoted to lieutenant-colonel anywhere between 31 and 40 years of age. After 40, one is likely to be promoted to colonel. Mr Sande argued that his path was predictable in the military hence he was entitled to compensation for salary until the retirement age of 56 years. He demanded Sh56 million if KDF was not willing to restore his employment.
Public officers above 58 years and with pre-existing conditions told to work from home: The Standard
Head of Public Service Joseph Kinyua. [File, Standard]
In a document from Head of Public Service, Joseph Kinyua new measure have been outlined to curb the bulging spread of covid-19. Public officers with underlying health conditions and those who are over 58 years -a group that experts have classified as most vulnerable to the virus will be required to execute their duties from home.
However, the new rule excluded personnel in the security sector and other critical and essential services.
“All State and public officers with pre-existing medical conditions and/or aged 58 years and above serving in CSG5 (job group ‘S’) and below or their equivalents should forthwith work from home,” read the document,” read the document.
To ensure that those working from home deliver, the Public Service directs that there be clear assignments and targets tasked for the period designated and a clear reporting line to monitor and review work done.
SEE ALSO: Thinking inside the cardboard box for post-lockdown work stations
Others measures outlined in the document include the provision of personal protective equipment to staff, provision of sanitizers and access to washing facilities fitted with soap and water, temperature checks for all staff and clients entering public offices regular fumigation of office premises and vehicles and minimizing of visitors except by prior appointments.
Officers who contract the virus and come back to work after quarantine or isolation period will be required to follow specific directives such as obtaining clearance from the isolation facility certified by the designated persons indicating that the public officer is free and safe from Covid-19. The officer will also be required to stay away from duty station for a period of seven days after the date of medical certification.
“The period a public officer spends in quarantine or isolation due to Covid-19, shall be treated as sick leave and shall be subject to the Provisions of the Human Resource Policy and procedures Manual for the Public Service(May,2016),” read the document.
The service has also made discrimination and stigmatization an offence and has guaranteed those affected with the virus to receive adequate access to mental health and psychosocial supported offered by the government.
The new directives targeting the Public Services come at a time when Kenyans have increasingly shown lack of strict observance of the issued guidelines even as the number of positive Covid-19 cases skyrocket to 13,771 and leaving 238 dead as of today.
SEE ALSO: Working from home could be blessing in disguise for persons with disabilities
Principal Secretaries/ Accounting Officers will be personally responsible for effective enforcement and compliance of the current guidelines and any future directives issued to mitigate the spread of Covid-19.
Uhuru convenes summit to review rising Covid-19 cases: The Standard
President Uhuru Kenyatta (pictured) will on Friday, July 24, meet governors following the ballooning Covid-19 infections in recent days.
The session will among other things review the efficacy of the containment measures in place and review the impact of the phased easing of the restrictions, State House said in a statement.
This story is being updated.
SEE ALSO: Sakaja resigns from Covid-19 Senate committee, in court tomorrow
Drastic life changes affecting mental health
Kenya has been ranked 6th among African countries with the highest cases of depression, this has triggered anxiety by the World Health Organization (WHO), with 1.9 million people suffering from a form of mental conditions such as depression, substance abuse.
Globally, one in four people is affected by mental or neurological disorders at some point in their lives, this is according to the WHO.
Currently, around 450 million people suffer from such conditions, placing mental disorders among the leading causes of ill-health and disability worldwide.
The pandemic has also been known to cause significant distress, mostly affecting the state of one’s mental well-being.
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With the spread of the COVID-19 pandemic attributed to the novel Coronavirus disease, millions have been affected globally with over 14 million infections and half a million deaths as to date. This has brought about uncertainty coupled with difficult situations, including job loss and the risk of contracting the deadly virus.
In Kenya the first Coronavirus case was reported in Nairobi by the Ministry of Health on the 12th March 2020. It was not until the government put in place precautionary measures including a curfew and lockdown (the latter having being lifted) due to an increase in the number of infections that people began feeling its effect both economically and socially.
A study by Dr. Habil Otanga, a Lecturer at the University of Nairobi, Department of Psychology says that such measures can in turn lead to surge in mental related illnesses including depression, feelings of confusion, anger and fear, and even substance abuse. It also brings with it a sense of boredom, loneliness, anger, isolation and frustration. In the post-quarantine/isolation period, loss of employment due to the depressed economy and the stigma around the disease are also likely to lead to mental health problems.
The Kenya National Bureau of Statistics (KNBS) states that at least 300,000 Kenyans have lost their jobs due to the Coronavirus pandemic between the period of January and March this year.
KNBC noted that the number of employed Kenyans plunged to 17.8 million as of March from 18.1 million people as compared to last year in December. The Report states that the unemployment rate in Kenya stands at 13.7 per cent as of March this year while it stood 12.4 per cent in December 2019.
Mama T (not her real name) is among millions of Kenyans who have been affected by containment measures put in place to curb the spread of the virus, either by losing their source of income or having to work under tough guidelines put in place by the MOH.
As young mother and an event organizer, she has found it hard to explain to her children why they cannot go to school or socialize freely with their peers as before.
“Sometimes it gets difficult as they do not understand what is happening due to their age, this at times becomes hard on me as they often think I am punishing them,”
Her contract was put on hold as no event or public gatherings can take place due to the pandemic. This has brought other challenges along with it, as she has to find means of fending for her family expenditures that including rent and food.
“I often wake up in the middle of the night with worries about my next move as the pandemic does not exhibit any signs of easing up,” she says. She adds that she has been forced to sort for manual jobs to keep her family afloat.
Ms. Mary Wahome, a Counseling Psychologist and Programs Director at ‘The Reason to Hope,’ in Karen, Nairobi says that such kind of drastic life changes have an adverse effect on one’s mental status including their family members and if not addressed early can lead to depression among other issues.
“We have had cases of people indulging in substance abuse to deal with the uncertainty and stress brought about by the pandemic, this in turn leads to dependence and also domestic abuse,”
Sam Njoroge , a waiter at a local hotel in Kiambu, has found himself indulging in substance abuse due to challenges he is facing after the hotel he was working in was closed down as it has not yet met the standards required by the MOH to open.
“My day starts at 6am where I go to a local pub, here I can get a drink for as little as Sh30, It makes me suppress the frustration I feel.” he says.
Sam is among the many who have found themselves in the same predicament and resulted to substance abuse finding ways to beat strict measures put in place by the government on the sale of alcohol so as to cope.
Mary says, situations like Sam’s are dangerous and if not addressed early can lead to serious complications, including addiction and dependency, violent behavior and also early death due to health complications.
She has, however, lauded the government for encouraging mental wellness and also launching the Psychological First Aid (PFA) guide in the wake of the virus putting emphasis on the three action principal of look, listen and link. “When we follow this it will be easy to identify an individual in distress and also offer assistance”.
Mary has urged anyone feeling the weight of the virus taking a toll on them not to hesitate but look for someone to talk to.
“You should not only seek help from a specialist but also talk to a friend, let them know what you are undergoing and how you feel, this will help ease their emotional stress and also find ways of dealing with the situation they are facing,” She added
Mary continued to stress on the need to perform frequent body exercises as a form of stress relief, reading and also taking advantage of this unfortunate COVID-19 period to engage in hobbies and talent development.
“Let people take this as an opportunity to kip fit, get in touch with one’s inner self and also engage in reading that would help expand their knowledge.