EXPLAINER: What the law says about police desertion

Celebrated Kikuyu musician and Administration police constable Samuel Ndirangu Muchoki, popularly known as Samidoh, has found himself at the centre of a disciplinary storm after being declared a deserter by the National Police Service (NPS).

According to a police signal dated June 9, 2025, the officer, attached to the Anti-Stock Theft Unit (MTD Company), failed to return from approved off-duty on May 27, and has remained unreachable since.

With over ten days of unexplained absence, authorities have now invoked Section 94 of the National Police Service Act, classifying him as having deserted the Service.

According to the Act, a police officer who absents themselves from duty without leave or just cause for a period longer than ten days shall, unless the contrary is proved, be considered to have deserted.

Once there is reasonable suspicion of desertion, any police officer may arrest the absentee without a warrant and present them before a magistrate in the relevant jurisdiction.

If convicted of desertion, the officer is liable to summary dismissal from the force or imprisonment for a term not exceeding two years.

In Samidoh’s case, the NPS has formally declared him a deserter with effect from June 6, 2025, and has instructed the Pay Section to immediately halt his salary.

Further administrative measures are underway, and the Central Records Office (CRO) in Nairobi has been directed to include his name in the next issue of the National Police Gazette.

In addition, the Station Police Commander (Stapol) in Gatumbiro has been ordered to visit his home and arrest him if found.

Interestingly, while officially unreachable, Samidoh has remained active on social media, with his most recent post on his Facebook page on June 10, 2025.

“Those who deny freedom to others deserve it not to themselves,” he posted while holding a portrait of George Floyd with the words “justice for George Floyd”.

Floyd was an African-American man who was murdered by a white police officer in Minneapolis on May 25, 2020.

He has not issued any public comment regarding his absence or the desertion notice.

Unless Samidoh provides a valid explanation or returns to duty, he now faces the prospect of criminal prosecution and dismissal from the police service.

Desertion in NPS

There have been similar cases in the NPS, with the most recent one being that of Dickson Kiplagat Kesebe, whose case was concluded in March 2024.

His case came at the Machakos High Court.

Background of the case

The particulars of the offence were that on March 30, 2019, at Meteorological Department headquarters under CIPU headquarters within Machakos County, Kesebe did absent himself from duty without leave or just cause from March 30, 2019, to the date of arraignment which exceeded the stipulated 10 days.

A plea was taken on 4/02/2020, and the accused denied the charges and a plea of not guilty was entered on his behalf.

The prosecution called a total of six witnesses in support of its case, while the defence gave unsworn testimony without calling any witnesses.

One of the witnesses told the court that in the year 2018, he was in charge of AP Meteorological Services.

On March 29, 2019, he said a group of new officers reported for deployment, and one of them was Kesebe.

He said on March 30, 2019, he held a parade as per policy procedures and he discovered that one officer was missing.

He then instructed the duty officer to indicate that the officer was away without office leave, and in April 2019, he was transferred and he handed over to the new officer in charge at the station.

He further stated that when Kesebe reported to the meteorological department, he had no records as well as force uniform, since he was supposed to report with a personal letter since he was being deployed.

In his defence, Kesebe told the court that he used to work as an AP officer and that on March 30, 2019, he was stationed at Nairobi Water Sewerage.

On March 27, 2019, he said he was informed by his senior that he had been transferred to the Meteorological department along Ngong Road and that the information was relayed verbally.

He requested for a transfer letter but was told there was no transfer letter; hence declined to go on transfer because he could not be received without a transfer letter.

He was not issued with any documentation, therefore, he continued working at the same station during the month of April.

The trial court delivered its judgment dated January 10, 2023, and found him guilty under Section 215 of the Criminal Procedure Code.

He was fined Sh50,000 in default serve one year imprisonment.

Aggrieved by the judgment, he filed an appeal, which also also dismissed.

The judge upheld the conviction and sentence against the appellant.