Court Upholds Sh8 Million Award to Soldier Dismissed for Not Working on Sabbath

The Court of Appeal has upheld an Sh8 million compensation award to a former Kenya Defence Forces (KDF) officer, ruling that his dismissal for observing his faith was unlawful and unconstitutional.

Polycarp Miyogo, a fireman stationed at Moi Air Base in Eastleigh from 2002, was a practising Seventh Day Adventist. He refused to work on Saturdays, his day of worship, which led to repeated disciplinary action. After missing work on three occasions, he was imprisoned for 42 days, had his salary reduced, and was eventually discharged in 2012 on the grounds that his services were no longer required.

Miyogo challenged the decision in court, arguing that it violated his right to freedom of religion under Article 32 of the Constitution. The High Court ruled in his favour, awarding him Sh5 million for malicious prosecution and Sh3 million for infringement of his fundamental freedoms. The Attorney General appealed, claiming that military service places limits on personal rights and that granting Miyogo’s request would amount to preferential treatment.

In its majority decision, the Court of Appeal rejected that argument, finding that the KDF had not shown that accommodating Miyogo’s religious practice would undermine discipline, operational readiness, or national security. The judges noted that other faith groups within the military, including Muslims and Christians of different denominations, observe their worship days without similar restrictions.

The court also held that Miyogo was subjected to double punishment, contrary to section 82(5) of the Armed Forces Act, which prohibits imposing more than one penalty for a single offence. His imprisonment and subsequent dismissal were therefore unlawful. In addition to the initial award, the court granted him 12 months’ salary for loss of employment.

The judges emphasised that state institutions, including the KDF, are obligated to uphold constitutional rights, and any limitation of those rights must be reasonable and proportionate.