Court orders state to pay ex-Kenya Air Force officers Sh7.9 billion over 1982 coup torture
The court found the government guilty of defying orders to compensate 284 ex-soldiers unlawfully dismissed, detained, and tortured after the failed 1982 coup.
The Employment and Labour Relations Court has ordered the government to pay more than 280 former Kenya Air Force officers and servicemen Sh7.9 billion in compensation for unlawful dismissal and torture following the failed 1982 coup attempt.
In a judgment delivered in Nairobi, the court ruled that the government had willfully disobeyed previous orders directing it to compensate the ex-servicemen, whose dismissals and detentions had been found to be illegal.
The judge directed the Attorney General to pay the 284 former soldiers a total of Sh7,933,827,426.36, inclusive of costs and interest accrued from the date of the initial award until full settlement.
The payment arises from Milimani Employment and Labour Relations Cause No. 2212 of 2012 – Samuel Chege Gitau and 283 others v. Attorney General.
The former servicemen were dismissed after being accused of participating in or supporting the attempted coup against President Daniel arap Moi’s government on August 1, 1982. The rebellion, led by a faction of the Air Force, was swiftly crushed by loyal army and police units.
Detained, tortured
In 2016, the court found that the ex-soldiers were unlawfully detained, tortured, and subjected to degrading treatment after their arrests. It further ruled that their dismissals were carried out by an entity lacking legal authority, noting that the so-called “82 Air Force” had no mandate to terminate their employment.
The court awarded the servicemen general and aggravated damages for the violations they suffered, ordered reinstatement of their pension benefits as if they had served to retirement, and declared that they were entitled to full terminal dues. The Attorney General’s subsequent appeals against these awards were dismissed.
Despite the rulings, the former soldiers returned to court, claiming the government had ignored multiple judgments in their favour. They sought orders compelling payment of the long-delayed compensation.
In response, Defence Principal Secretary Patrick Mariru admitted that the ministry faced outstanding decrees exceeding Sh10 billion and warned that immediate payment would cripple its operations. He explained that the ministry could only disburse funds allocated by Parliament and that no budgetary provision had been made to settle the claims.
However, the court rejected the government’s explanation, stressing that financial constraints were not a lawful excuse for disobeying court orders. It emphasised that the former officers must now be paid in full, marking the end of their decades-long legal struggle for justice.
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