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For four years, John Kimani Kamau served in one of the most dangerous units of the Kenya Defence Forces, the Special Forces.
Special Forces KDF are elite military units trained to carry out high-risk and specialised operations that go beyond the capabilities of conventional forces.
Their roles, training, and missions reflect global standards while addressing Kenya's unique security needs, particularly in the region.
Kamau served in the 20th Parachute Battalion and 30th Special Forces, known as the Green Berets, which was modelled along the British Special Air Service (SAS).
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These units are trained for sustained operations in hostile territory and assimilation with host communities.
As a member of the elite Special Forces, Kamau was deployed in high-risk operations in Liboi, Kiunga, and Kismayo during Operation Linda Nchi.
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But in 2013, shortly after returning from deployment in Somalia, Kamau did something that would later cost him his legacy, he handed in his resignation.
He claimed that upon returning home, he found his family traumatised, and his parents sick. The situation, his lawyer said, needed his personal presence at home.
According to court documents, he returned from leave on May 25, 2013, and submitted his resignation two days later.
Nearly a year later, on March 18, 2014, Kamau was arrested by the Military Police.
He was arraigned before the Kahawa Barracks Court Martial and charged with desertion.
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The military argued that he had absented himself for more than 90 days without permission, a violation of Section 74 of the Kenya Defence Forces Act.
His lawyer, Gitobu Imanyara, raised multiple concerns. First, that Kamau had already resigned, and thus could not be guilty of desertion.
Second, that the person prosecuting the case, Brigadier Dindi, was holding two conflicting roles, Chief of Legal Services and Director of Military Prosecutions, contrary to Section 213(6) of the KDF Act, which requires those offices to be held separately.
The court martial proceedings were also marred by irregularities.
Kamau’s lawyer was not informed of the trial date, and Kamau was tried without legal representation in the early stages.
On at least two occasions, the lawyer was denied access to the barracks and prevented from participating in court.
Despite presenting medical records showing Kamau had been undergoing treatment for post-traumatic stress disorder since March 2013, the trial went on.
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Court win
On April 30, 2025, Justice Bahati Mwamuye of the High Court finally set the record straight, 11 years after Kamau's troubles began.
The judge ruled that as a service member, not an officer, Kamau’s resignation did not require approval to take effect.
"The resignation by a service member need not be approved before it takes effect. Consequently, it is the finding of this court that the applicant resigned and thus could not have been charged, convicted, and sentenced for the offence of Desertion," the judge ruled.
Moreover, the judge found the entire prosecution to be unlawful. The Director of Military Prosecutions at the time was not lawfully appointed, making the proceedings a nullity.
"From the foregoing, I find that the Applicant was unlawfully charged under the KDF Act when in fact he had already tendered his resignation from service," Justice Mwamuye said.
Further, the subsequent Trial was also irregular and unlawful for having been conducted by a prosecutor that had not been properly appointed.
The conviction and sentence were quashed, and Kamau was awarded the costs of the application, to be paid by the Attorney General.
After years of being labelled a deserter, Kamau’s service record now reflects the truth: he served, he resigned, and he was wrongfully punished.