Police desertion is a serious offense in Kenya, punishable by law under the National Police Service Act. Recently, celebrated Kikuyu musician and police officer Samuel Ndirangu Muchoki (Samidoh) was declared a deserter after failing to report back to duty for over 10 days. This case has sparked public debate on what constitutes desertion, the legal repercussions, and the disciplinary measures taken by the National Police Service (NPS).
In this article, we explore:
- The legal definition of police desertion in Kenya
- Consequences for officers who abandon duty
- Recent cases, including Samidoh’s situation
- How desertion investigations and prosecutions work
What Is Police Desertion Under Kenyan Law?
According to Section 94(1) of the National Police Service Act (Revised 2014), a police officer is considered a deserter if they:
- Absent themselves from duty without leave or just cause for more than 10 days.
- Fail to report to a new station after transfer, as seen in the case of Dickson Kiplagat Kesebe, who was convicted for refusing to take up a new posting.
Section 94(1) of the National Police Service Act (Revised 2014) outlines the definition of desertion in the National Police Service. It states that a police officer who absents themselves from duty without leave or just cause for a period exceeding ten days shall be considered to have deserted from the service
The law presumes guilt unless the officer can prove they had a valid reason for their absence.
Legal Consequences of Desertion
Police desertion is a criminal offense with severe penalties:
- Summary Dismissal – The officer may be discharged from service.
- Imprisonment – A convicted deserter can face up to two years in jail.
- Salary Suspension – The NPS immediately stops the officer’s pay, as seen in Samidoh’s case.
- Arrest on Sight – Deserters can be apprehended anywhere in Kenya, with local police instructed to detain them.
Case Example: Dickson Kiplagat Kesebe
In 2024, a police officer was fined Kshs. 50,000 (or one year in jail) after a court found him guilty of deserting his post at the Meteorological Department.
Recent Case: Samidoh’s Desertion Controversy
Samidoh, a popular musician and AP officer, was declared a deserter on June 9, 2025, after failing to report to the Anti-Stock Theft Unit (ASTU) in Gilgil following his leave.
Key Details:
- He was supposed to resume duty on May 27, 2025, but his whereabouts remain unknown 10.
- His salary was halted, and police in Nyandarua were ordered to arrest him on sight 15.
- Possible Political Link? Some reports suggest his transfer was linked to his participation in an anti-government chant (“Wantam”) during a performance.
The NPS maintains that his redeployment was routine, but the case highlights how disciplinary actions can escalate when officers violate service rules.
How Desertion Cases Are Handled
- Internal Reporting – Supervisors must flag an officer’s absence after 10 days.
- Gazettement – The officer’s name is published in the Police Gazette as a deserter 6.
- Investigation & Prosecution – The Independent Policing Oversight Authority (IPOA) or internal affairs may probe the case before court proceedings 1.
- Court Trial – If convicted, the officer faces dismissal or jail time.
Conclusion
Police desertion is a grave offense in Kenya, with strict legal consequences. The Samidoh case demonstrates how the NPS enforces discipline, even against high-profile officers. Under the National Police Service Act, deserters risk losing their jobs, freedom, and reputation.
For officers, adherence to service rules is non-negotiable—failure to comply can lead to career-ending penalties. For the public, cases like Samidoh’s raise questions about police transfers, political neutrality, and disciplinary fairness in the NPS.
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