What is desertion by a police officer and what the law says about it

Samidoh, who is an Administration Police Constable, is yet to be traced, with authorities seeking to visit his residence in Nyandarua County in a bid to have him brought to answer to the charges made against him.

Reports indicate that he failed to resume duty on May 27 following the end of his official leave, but he has disputed the report, releasing a travel clearance letter authorizing his travel to the United States for a private visit. 

The clearance, signed by Mathew Kutoh on behalf of the Inspector General of Police, authorized his travel from May 20 to June 9, 2025.

NPS maintains that Samidoh has now been absent without permission for more than ten days, triggering disciplinary proceedings for being a deserter.

But questions arise on what exactly is desertion? Similarly, other questions linger; 

How big is the impact it has on the police force's structural and operational organization? How does the law respond to acts of desertion committed by members of the police and armed forces?

Desertion is when an individual from either the police or armed forces leaves his or her base of duty for more than a specified number of days and without notifying superiors or commanding authorities. 

Specifications on informed or uninformed absences depend on the regulations set by authorities governing police and military operations in different countries.

Officers can desert their post for various reasons such as an act of protest against police or military leadership, distrust with fellow officers or to avoid being caught should they have committed offences and are under investigation. 

The United States, for example, considers absence within thirty days as absence without authorization and once the officer is found, necessary action is taken. 

On the 31st day, the soldier is labeled as Dropped from Roll (DFR) and their absence automatically transitions into desertion, with the penalties ranging from those set by the court martial depending on the nature and in time of war, and the maximum penalty given is death. 

Aside from the U.S, these laws are similar across all military and police forces around the world, with little differences in punishment given and definition, with some countries using the term absent without leave or pass or absent without authorization for a set number of days before eventually switching up the terminology to desertion.

The NPS Act, Chapter 84 (Revised 2014) recognizes desertion as a criminal offence. 

Section 94(1) provides that, “A police officer who absents himself from duty without leave or just cause for a period exceeding ten days shall, unless the contrary is proved, be considered to have deserted from the Service.” 

Section 94(3) further states that, “Any police officer who deserts from the Service commits an offence and is liable on conviction to summary dismissal or imprisonment for a term not exceeding two years.”

Desertion by police or military personnel can negatively impact the operational structure of a particular force, especially if the deserter was playing a role crucial to the success of a particular operation or they were in a leadership role. 

The desertion by a senior can have consequences such as failed operations or even absence by junior officers, which can spiral into an operational crisis.