By GPC News Desk
The Court of Appeal has awarded former Kenya Defence Forces officer Polycarp Miyogo Sh8 million in damages for violations of his religious freedom and unlawful imprisonment linked to his observance of the Sabbath.
The court also awarded him compensation equivalent to 12 months’ salary for unlawful termination, with interest on all awards running from July 21, 2017, until payment in full.
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The court also awarded Miyogo compensation equivalent to 12 months’ salary for unlawful termination of employment, with interest on all the awards running from July 21, 2017, until payment in full.
In its judgment in Civil Appeal No. 57 of 2019, the court awarded him Sh5 million in general damages for infringement of his right to religious freedom and worship, and Sh3 million in exemplary damages for unlawful imprisonment.
The awards were made against the Cabinet Secretary for Defence and the Chief of Defence Forces, who were the second and third appellants in the case, alongside the Attorney General.
Miyogo had challenged his discharge from the military after he attended church on days when he had been denied permission to be absent from duty to observe the Sabbath.
According to the judgment by Court of Appeal Judge Jamila Mohammed Nyamweya, Miyogo told the Employment and Labour Relations Court that he had sought permission in advance to attend worship whenever he was assigned duty on the Sabbath during his first ten years of service.
He maintained that he was always willing to respond to distress calls despite his religious commitments.
However, on May 31, 2012, his immediate supervisor declined his request to attend worship, marking the first such refusal in his decade of service.
Miyogo subsequently sought permission to attend church for half a day, but the request was rejected. He then asked to be allowed just two hours, from 9am to 11am, but was again denied permission.
Disciplinary action
The judgment further states that a similar request was rejected on June 13, 2012. Miyogo attended church on June 2 and June 14 that year and failed to report for duty on those occasions, leading to disciplinary action and his eventual discharge from the Kenya Armed Forces.
He argued that his discharge was unconstitutional and unlawful because it was based on his religious convictions, contrary to the constitutional protections of equality and freedom of religion.
The Court of Appeal, however, set aside part of the earlier judgment delivered by the Employment and Labour Relations Court on July 21, 2017.
Specifically, it overturned the order directing the military to treat Miyogo as an ordinary retiree and pay him a lump sum and monthly pension under the Kenya Defence Forces Act and relevant regulations within 60 days.
The earlier order stated that the “Petitioner be treated as an ordinary retiree and be paid lump sum and monthly pension” under the law.
The ruling therefore leaves Miyogo with the damages and salary-based compensation awarded by the court, while setting aside the specific order on retirement and pension benefits.
