Kenya High Court: Moses Etyang KDF Unfair Dismissal Awarded Sh25m

• Former KDF soldier Moses Etyang was unfairly dismissed after developing schizophrenia linked to an AMISOM mission injury.
• Etyang sustained injuries in a 2013-2014 Somalia ambush, but KDF failed to provide proper medical care, instead initiating disciplinary actions.
• Justice Wanza Keli initially awarded Sh30 million for the unlawful dismissal, citing KDF's failure to address his service-related mental health.
• An appeal by the KDF resulted in the compensation being revised downwards to Sh25 million on July 31, 2025.
• The ruling emphasizes the KDF's duty of care towards soldiers suffering from mental health issues stemming from active duty, though Moses Etyang has publicly stated he has not yet received the awarded compensation and is still seeking government intervention.

The court's finding that disciplinary actions were an "afterthought" instead of medical intervention sets a powerful precedent.

Moses Etyang, a soldier within the Kenya Defence Forces (KDF), experienced a life-altering incident during his deployment with the African Union Mission in Somalia (AMISOM). Between 2013 and 2014, while serving in Afmadow, Etyang sustained injuries when his vehicle was ambushed. Although initially suffering only soft tissue injuries to the left frontal and occipital regions, which Major Shangata, the unit's officer in charge, dismissed as minor, requiring only first aid, his health subsequently deteriorated significantly.

Etyang, who had enlisted with the KDF on September 1, 2008, and served with the 15th and 17th Kenya Rifles before his AMISOM III mission, later developed schizophrenia, a severe and chronic mental health condition. Upon his return to Nyali Barracks in 2015, following his tour of duty, he exhibited considerable difficulties in performing his duties and reported symptoms of memory loss and impaired judgment, which he directly attributed to the ambush incident. His father, Julius Etyang, later testified in court that his son returned home profoundly changed, unable to care for himself, and requiring constant supervision due to episodes of memory loss and impaired judgment, necessitating Julius to become his full-time caregiver.

Despite Etyang's worsening condition and his own reports, the KDF failed to provide him with a proper medical assessment or treatment. Instead, disciplinary proceedings were initiated against him, accusing him of malingering, insubordination, and absence from duty without leave. These charges led to his conviction, a 42-day imprisonment, and ultimately, his discharge from KDF service on October 6, 2015, under the designation of "services no longer required." Following his dismissal, he received a mere Sh350,000 as compensation for the initial accident. A medical board in 2018 later confirmed that Etyang's mental illness was directly linked to the injuries he sustained in Somalia.

The case of Moses Etyang against the Kenya Defence Forces culminated in a significant legal victory for the former soldier, though the final compensation amount was adjusted on appeal. On February 28, 2023, Justice Wanza Keli delivered a ruling that found Etyang's dismissal to be unlawful, unfair, discriminatory, and unprocedural, constituting a violation of his fundamental rights. Justice Keli initially awarded Etyang Sh30 million in compensation, emphasizing that the ex-serviceman had "paid the price of protecting our borders with his life," and that his condition, as per the medical board's report, rendered him in need of lifelong care and medication.

Justice Keli's judgment critically highlighted the KDF's failure to acknowledge Etyang’s mental health challenges, which stemmed directly from the Somalia incident. The court specifically faulted the KDF for neglecting to provide adequate medical support and ensure Etyang’s well-being. The judge concluded that the disciplinary charges brought against Etyang were an "afterthought," instituted without proper investigation or adherence to fair trial rights, despite the KDF being aware of his sudden performance issues and the conduct typical of a returning soldier who had suffered an accident on mission. Instead of medical attention, disciplinary action was promptly taken.

The Kenya Defence Forces subsequently lodged an appeal against this judgment. On July 31, 2025, a panel of Justices Asike Makhandia, Hellen Omondi, and Luka Kimaru reviewed the case. While upholding the finding of unfair dismissal, the appellate court revised the compensation award downwards from the initial Sh30 million to Sh25 million, bringing a significant stage of the protracted legal battle to a close, though Moses Etyang has since publicly stated he has not yet received the awarded compensation and is still seeking government intervention.

This landmark ruling concerning Moses Etyang's unfair dismissal from the KDF carries profound implications for the military's duty of care, particularly regarding the mental health of its service members. The judgment underscores the critical responsibility of the Kenya Defence Forces to provide comprehensive medical support and proper assessment for soldiers who suffer injuries, especially those incurred during active duty in high-risk environments like AMISOM. The court's finding that disciplinary actions were an "afterthought" instead of medical intervention sets a powerful precedent.

The case highlights the severe consequences when military institutions fail to adequately address service-related mental health conditions, such as the schizophrenia developed by Etyang. It reinforces the principle that soldiers, who risk their lives for national security, are entitled to robust medical care and due process, rather than punitive measures, when their health deteriorates due to their service. The compensation of Sh25 million awarded to Etyang serves as a significant acknowledgment of the lifelong impact of such neglect and the profound personal cost borne by affected personnel and their families.

Ultimately, this decision by the Kenyan courts sends a clear message to the KDF and similar organizations about their obligations towards the well-being of their personnel. It emphasizes the need for proactive mental health support, thorough medical evaluations, and fair disciplinary procedures that consider the unique circumstances of service-related injuries. This ruling could prompt a re-evaluation of existing policies within the KDF regarding Kenya Defence Forces mental health compensation and military service-related injury dismissal, ensuring that the KDF duty of care mental health aspects are adequately addressed to prevent similar injustices in the future.

This ruling sets a significant precedent for the Kenya Defence Forces' duty of care towards service members, particularly concerning mental health issues stemming from active duty. Lawyers should advise military personnel or their families on the importance of proper medical assessment and due process in disciplinary actions, while compliance officers within military or similar organizations must review their policies to align with this judicial precedent and mitigate liability for unfair dismissal related to service-induced conditions.

Source: Original reporting via The Standard