EXPLAINER: What the Law Says About Police Desertion

In law enforcement, a deserter is an officer who abandons their duty without permission and without intention to return. Desertion is considered a serious offence as it undermines discipline, operational efficiency and public trust in law enforcement.  According to the National Police Service Act (2011) and further supported by internal disciplinary guidelines within the National Police Service, a police officer may be officially classified as a deserter under the following conditions:

·        Absent Without Leave (AWOL) for more than 21 consecutive days, without informing or receiving authorization from their superiors.

·        Failing to return to duty after approved leave time has ended and not offering any valid reason.

·        Disappearing with state-issued equipment such as firearm, uniform or communication devices.

Legal and disciplinary action against deserters in Kenya may include:

·        Administrative measures. The officer’s name is entered in the desertion roll and an internal file is opened. The officer is immediately suspended from duty and an arrest warrant may be issued internally by the police department.

·        Disciplinary proceeding. If the officer is located, they face a disciplinary tribunal under police rules. Penalties may include dismissal from service, loss of benefits or demotion. Officers may also be barred from holding any public service position in the future.

·        Criminal proceedings. Under the Kenyan Penal Code, desertion especially if it involves a weapon may be treated as a criminal offence. Charges may range from negligence of duty to endangering public safety. Convicted deserters can face fines imprisonment or both.

·        Public Notice and Tracing. In serious cases, the officer’s details may be published publicly, urging the public to provide information on their whereabouts. Cooperation with other agencies or Interpol may be persuaded if the officer is believed to have fled the country.

If the officer returns and provides a valid reason e.g. medical emergency, they may face lighter penalties.

In countries like Nigeria (under the Police Act) and India (under IPC Section 145), desertion is a criminal offence and is punishable by imprisonment raging from months to years or demotion of rank.