How soldier's court win emphasises freedom of religion in the military

There are moments when a court speaks not only in law but in language that restores the soul of a nation. The recent judgment of the Court of Appeal, where the Attorney General, the Cabinet Secretary for Defence and the Chief of Defence Forces stood against a single serviceman, is one such moment. Polycarp Miyogo, a Kenya Defence Forces serviceman and a man of deep religious conviction, joined the military in 2002 and was dismissed in 2012. His faith, however, demanded observances that conflicted with certain military routines.

When he sought accommodation for his beliefs, the military denied him, insisting that uniformity and obedience were paramount. His dismissal followed, and with it arose the question: Can a soldier’s conscience be left at the gate of the barracks? Does the power of the Constitution pause where the command of the State begins? At the heart of this piece lies three issues: Whether the right to freedom of religion can be reasonably accommodated within the military; whether the Kenya Defence Forces, as a disciplined service, are exempt from the full sweep of constitutional rights; and whether the limitation of such rights, when claimed in the name of discipline, must be justified through reason and evidence.