KDF soldier challenges legality of court martial’s six-month jail sentence

A Kenya Defence Forces (KDF) soldier convicted and jailed for six months for soliciting a bribe to influence the recruitment of a Kenya Navy officer has challenged the legality of the court martial that presided over his case.

Sergeant Robert Kipkemoi, formerly of the Kenya Air Force, lost his job earlier this month after being found guilty of soliciting a bribe.

Through his lawyer Duncan Kiprono, he is now seeking the intervention of the High Court to overturn the sentence and reinstate him to his former position, saying he was jailed for someone else’s crime.

In court documents seen by the Nation, Kipkemoi has identified 21 issues that he calls exceptional grounds, or rather unusual circumstances, on which the court can fairly conclude that he was wrongly convicted.

He has challenged the legality of the sentence imposed on him, claiming that he was convicted on the basis of conflicting evidence that was not corroborated by impartial witnesses other than the complainants.

The convict has also expressed dissatisfaction with his trial at the Kahawa Court Martial, claiming that it was deliberately biased and violated his constitutional and legal rights and freedoms.

“The Judge Advocate/trial magistrate imputed evidence against me despite the prosecution and its witnesses failing to direct the trial court on which evidence applied to what count I was charged with,” he said in his court documents.

He has also challenged the composition of the sitting members of the court martial, claiming that most of them were not legally approved and recognised to preside over and decide on the trial, conviction and sentencing in the court martial.

Kipkemoi has also raised doubts about how the court martial tried, convicted and sentenced him without verifying his identity.

For example, Kipkemoi argues that the two prosecution witnesses identified the person who solicited bribes from them as Robert Mutai, and that their description did not match him.

“Also, the order for the committal to civil prison on an award of imprisonment by the trial court martial was issued against Robert Kipkemoi Kirwa, who is not me. To say the least, the trial court martial conviction and sentence was rendered without trial proof beyond reasonable doubt on the question of the identity of the accused,” he said.

The convict was charged with two counts of conduct prejudicial to good order and discipline.

He was accused of soliciting money from Joseph Kimutai Choge on various dates between February 9 and April 11, 2021 under the pretext that he had influenced the recruitment of Mercy Chepkemoi Choge into the KDF.

Kipkemoi also faced the second count where he was accused of soliciting money from Mercy on the pretext of influencing her recruitment into the military.

The court was informed that a person called Sergeant Mutai visited Kimutai’s residence and demanded about Sh400,000.

The investigating officer in the case was Captain Festus Aduol Ademo, a member of the Military Police Corps responsible for conducting investigations within the military.

In his testimony, he said that he arrested Kipkemoi on April 12, 2021 at the medical screening tent during the verification process for recruits at the Recruits Training School.

“I arrested Kipkemoi after interrogating and recording statements from the witnesses, the accused and also investigating their phones and phone call data,” he said.

He then produced documents relevant to the case which showed that Kipkemoi was a Physical Training Instructor (PTI) by trade.

In his defence, Kipkemoi said that he was on leave from February 2 to March 5, 2021.

The KDF recruitment started on February 8, 2021 and ended 11 days later.

Kipkemoi denied the allegations but admitted to having been in contact with Mercy. He also confirmed that he had visited Mercy’s parents’ home on February 11, 2021, but denied any allegation that he had demanded payment.

He said he had gone to check on Mercy because of her muscle pain.

Cheruiyot Kirui also testified that he accompanied Kipkemoi to Mercy’s home after the recruitment was completed.

“The purpose of visiting Ms Choge‘s (Mercy’s) home was to congratulate her and give advice on general wellbeing to keep fit before reporting to RTS,” he said.

He also told the trial court that it was Mercy who initiated communication with Kipkemoi, when she called him on February 11 and asked him to meet her at a church near her home.

“Kipkemoi did not demand any money for the whole time we were at the witness’ home,” Kirui said.

However, Judge Advocate Bernard Ochoi found Kipkemoi guilty on both counts and sentenced him to six months imprisonment, to run concurrently.

He also ordered Kipkemoi’s dismissal from the service. Kipkemoi has since filed an appeal seeking to overturn these findings. The case will be heard on January 2.

AM Live

AM Live is NTV's morning current affairs show that sets the agenda for the day with insightful panels every weekday.


Business Redefined

Business Redefined is Kenya’s premier thought leadership platform for unpacking matters regarding economic and finance policy as well demystifying complex developments in the region’s capital markets.


A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula

Full Episodes

A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula

Gumzo La Sato

Gumzo La Sato is a live social issues show that aims to create awareness about issues affecting the larger society. The discussions range from Parenting, Marital bliss and struggles, Oppression, violence, and all matters of the Heart.

Health Diary

Health Diary is a weekly show that highlights different types of diseases/conditions and seeks ways to prevent, treat/manage them. The show debunks this through real life stories and also feature specialists in different fields, to offer medical advice on the same.

Letter To My Younger Self

Letter To My Younger Self is a podcast where guests get to write a letter to their younger self, from which Maxine formulates questions to ask them during the hour-long show.

Mazao Talks

Mazao looks at agriculture and agribusiness

Nation Reports

Nation Reports is a weekly podcast offers an opportunity for listeners to interact with various reporters and journey with them as they unravel the biggest most emotive stories.

One Health Lens Podcast

Discussing health matters and human stories from Kenya and across Africa. We talk big picture from people to policy, ecosystems, and everything in between. Follow us on LinkedIn: https://www.linkedin.com/company/onehealthlens

Paradise Lost

Paradise Lost peeks through the story of Louis Otieno, the times, and everything in between.



Speaking of GEN Z

Speaking of Gen Z brings you entertaining but meaningful conversations about a generation that is trying to navigate through adulthood. Join hosts Michelle, Jackie and Esther as they unravel all things Gen Z.

Sport On

Sport-On is a 30-minute sports magazine show on NTV and 3 hours on NATION FM. The show seeks to give the sports “fanatics” and “funatics” comprehensive and in-depth coverage of sports both locally and internationally.


The extent of technological growth is beyond mere acknowledgment; it has seamlessly integrated into our daily existence. A few years ago, the notion of paying electricity bills through mobile money or recharging with 'tokens' in Kenya seemed inconceivable. Online product sales were considered distant, and artificial intelligence is rapidly reshaping various facets of our lives. Amidst these technological leaps, those with a solid understanding of tech can navigate challenges, seize opportunities, and build a sustainable livelihood. Tech over Show aims to be the platform facilitating discussions among thought leaders, innovators, tech companies, and the government, addressing challenges and opportunities in Kenya's thriving tech industry.


Thamani is a business show which is dedicated to emerging issues regarding micro, small and medium size businesses.

The Politalk podcast

This is The Politalk podcast. Here we look into the ins and outs of everything Kenyan politics. We pull no punches and have no reason to sugarcoat anything that matters to Kenyans.

The Trend

A two-hour-long live show that airs on Fridays. The show focuses on what is current in the entertainment industry, controversial and popular across all media platforms targeting those aged between 25 and 35 years.

The trend podcast

The trend podcast highlights and captures the best of banter from #TTTT segment that airs every Friday on NTV. It's the TTTT EXTRA

The Wicked Edition

The Wicked Edition with Dr. King’ori seeks to address serious issues through humour and relatable wit. It is a two-part half hour show filmed in front of a live audience


A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula


Twende is a travel show that highlights beautiful, unique, diverse locations, people, and cultures. The show offers fresh perspectives on familiar locations and memorable experiences in new ones.


This Saturday evening lifestyle show lets viewers share their stories and life experiences as openly & honestly for the purpose of shifting the culture of silence.

VIP Access

VIP ACCESS is Anyiko Owoko’s YouTube and podcast show on Music and Culture dedicated to promoting Africa’s most promising talent and creatives. This podcast grants you VIP access into timeless interviews while providing a platform for rising as well as established artists across the continent. Since launching in 2018, Anyiko has interviewed over 70 African music stars.


This weekly news show aims to have all sides of debate but not be constrained by it, listen to main voices in the contest but not allow them to hold the viewers hostage, entertain debate but allow push back with all due respect.

When death do us part

In this podcast, three widowers openly speak about the process of grief, how they found themselves exposed to the emotional turmoil of losing their wives, and how society still does not know how to deal with them.

Your World

Your World is a health, wellness and variety show. It provides a platform for audiences and experts to share their experiences on how to improve or manage health issues, across Kenya and the Africa region.