JUDGMENT OF THE COURT
This appeal is an aftermath of an infamous event in the history of Kenya; an event that happened some thirty two [32] years ago and is aptly described by the historian, Charles Hornsby, as Kenya’s “first true coup attempt”. (See Charles Hornsby, Kenya: A History since Independence, I. B. Tauris, 2012).
In the early morning of Sunday, 1st August, 1982, non-commissioned officers of the Kenya Air Force mutinied and launched a bid to overthrow the Government of the Republic of Kenya. After taking over the Air Force Headquarters at Eastleigh and the air bases at Embakasi and Nanyuki, they seized the international airport, the post office and the national broadcaster, then called the Voice of Kenya. They even managed to broadcast to the country and the world that they had taken over power in Kenya. Within twelve [12] hours of the mutiny however, the tide had turned against the mutineers, as they were swiftly routed out by loyal soldiers from the other services of the Ken…