Court grants Samidoh Sh200,000 bail, blocks his arrest over alleged desertion

The High Court has granted popular Mugithi singer Samuel Muchoki alias Samidoh Sh200,000 anticipatory bail and barred the Director of Criminal Investigations (DCI) from arresting him for alleged desertion.

While granting the orders, Kibera High Court judge Diana Kavedza said Article 29 of the Constitution guarantees the police constable the right to freedom, including the right not to be subjected to arbitrary arrest, and directed him to deposit his passport in court.

"For the avoidance of doubt, the respondents are at liberty to investigate or charge the applicant for any criminal conduct. However, they shall not arrest or detain the applicant", said Justice Kavedza.

Justice Kavedza said that upon the conclusion of investigations, and if a decision to charge Samidoh has been made, the police shall not arrest or detain him; however, the singer shall be informed where he is to appear to take a plea.

She said the court must also ensure that any deprivation of his liberty is justified and based on lawful grounds, noting that the court was presently satisfied that there exists a demonstrable and imminent threat to his freedom.

In his application, Samidoh said that he had been a constable from January 12, 2013, until June 17, 2025, when he applied to retire from the National Police Service (NPS) under the "10–22 Rule" according to section 76(3) of the NPS Act.

The singer asserted that prior to lodging the retirement request, he had travelled to the United States (US) to attend his child's graduation.

He said the travel was authorised by NPS, but while abroad, he learnt that a warrant of arrest had been issued against him on the grounds that he had deserted duty.

"Upon learning of the warrant, the applicant returned to Kenya on June 17, 2025, formally tendered his retirement request, and was duly cleared by the National Police Service. He later returned to the United States, and intends to travel back to Kenya on July 25, 2025", he stated.

Samidoh contended that the warrant was unjustified and malicious, considering his travel had been sanctioned by NPS.

He added that NPS's actions were an abuse of police powers intended to harass and intimidate him, contrary to the tenets of justice and fair administrative action.

The singer also maintained that he is a law-abiding citizen ready to cooperate with the legal process and that the threat to his liberty arose from improper motives linked to his political views and criticism of government, which, he said, have been disguised as allegations of desertion.

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