Moses Etyang, a former KDF soldier, has been awarded Sh25 million in compensation for his unfair dismissal from the Kenya Defence Forces. Etyang was serving in the African Union Mission in Somalia (AMISOM) in Afmadow between 2013 and 2014 when his vehicle was ambushed, leaving him with injuries that led to the development of schizophrenia.
After his return to Kenya, Etyang's health progressively deteriorated, and he exhibited difficulties in duty performance, reporting symptoms of memory loss and impaired judgement. Despite his worsening health condition, Etyang was not provided with proper medical assessment or treatment by KDF. Instead, disciplinary proceedings were initiated against him, accusing him of malingering, insubordination, and absence from duty without leave.
The charges against Etyang culminated in his conviction, imprisonment for 42 days, and eventual discharge from KDF service on October 6, 2015, on the grounds of "services no longer required". Following his dismissal, he received only Sh350,000 as compensation for the accident. Etyang's case was later reviewed in court, where it was found that KDF failed to acknowledge his mental health challenges stemming from the accident in Somalia.
In 2018, a medical board concluded that Etyang's mental illness was directly linked to injuries sustained in Somalia. The board's findings were a crucial factor in the court's decision to award Etyang compensation. Justice Wanza Keli initially awarded Etyang Sh30 million for an unlawful, unfair, discriminatory, and unprocedural dismissal that violated his rights.
However, on July 31, 2025, Justices Asike Makhandia, Hellen Omondi, and Luka Kimaru revised the award downwards to Sh25 million upon KDF's appeal. The court found that the charges against Etyang were an afterthought, and KDF failed to provide adequate medical support and ensure his well-being.
Etyang's father, Julius Etyang, had told courts that his son returned home a changed man, unable to care for himself and requiring constant supervision due to episodes of memory loss and impaired judgment. Julius had assumed the role of a full-time carer to his son. The court acknowledged that Etyang had paid the price of protecting Kenya's borders with his life, which, according to the medical report, was literally over.
The court's decision highlights the need for the KDF to take responsibility for the welfare of its soldiers, particularly those who have been injured during missions. Etyang's case serves as a precedent for other soldiers who may have been unfairly dismissed or denied medical support.
Key points
- The court awarded Etyang Sh25 million for unfair dismissal.
- Etyang's mental illness was directly linked to injuries sustained in Somalia.
- KDF failed to provide adequate medical support and ensure Etyang's well-being.
