For 156 days, Constable Godfrey Omutere was a ghost at the Lokichar Police Patrol Base. He vanished without permission, leaving his post unmanned and his superiors in the dark, only to resurface months later expecting to resume his duties.

Now, in a ruling that reinforces the ironclad discipline required within Kenya's security apparatus, the Employment and Labour Relations Court has firmly shut the door on Omutere's attempt to reclaim his badge and over a decade of back pay. The court’s message was unequivocal: by walking away, the officer sealed his own fate.

A 'Self-Designed' Exit

The saga began on December 12, 2011—a public holiday meant for celebration, but which marked the start of Omutere’s unexplained absence. According to court documents, the officer failed to report for duty at the station in Turkana County and remained absent without leave (AWOL) for over five months.

Despite this prolonged disappearance, Omutere moved to court seeking orders to compel the National Police Service (NPS) to reinstate him. His petition also demanded the payment of all accrued salaries dating back to 2012, a sum that would have likely run into millions of shillings had his prayer been granted.

However, in a judgment delivered on December 17, 2025, Justice Byram Ongaya dismantled the former officer's argument. The judge noted that the disciplined nature of the police service does not allow for such casual abandonment of duty.

The Verdict on Desertion

Justice Ongaya’s ruling emphasized personal responsibility. He observed that Omutere offered no reasonable cause for his 156-day hiatus. The court found that the act of staying away for such an extended period was not merely a disciplinary infraction, but a constructive resignation.

Key findings from the ruling included:

• Voluntary Desertion: The court established that Omutere stayed away without permission or reasonable cause.
• Automatic Termination: By failing to report for nearly half a year, the officer effectively terminated his own contract.
• No Compensation: The demand for back pay was nullified by the fact that he was not in service during the contested period.

In a stinging conclusion, Justice Ongaya remarked that Omutere "must consider that he terminated the employment by himself effective the date of desertion."

The judge characterized the officer's predicament not as an administrative injustice, but as "a destiny he designed and perfected by himself."