ADVOKS GLOBAL · KENYA
National Youth Service Act
37. Desertion or absence without leave by members of the Service
Edition: 2024-09-03 · In force
37. Desertion or absence without leave by members of the Service
(1)A police officer may, on a reasonable suspicion that a member of the Service has deserted the Service or is absent without leave from the Service, arrest that person and present him or her before a magistrate having jurisdiction in the area in which the person was arrested.(2)Where a person arrested under subsection (1) admits to having deserted the Service or is absent without leave from the Service and the magistrate is satisfied that he or she has deserted or is absent without leave, the magistrate shall cause the person to be delivered to the Service for disciplinary action.(3)Where a person arrested under subsection (1) refuses to admit to having deserted the Service or to being absent without leave from the Service or if the magistrate is not satisfied that the person has deserted the Service, the magistrate shall consider any evidence and any statement of the accused and may order the release of the accused person.(4)A magistrate shall not discharge the accused if the accused is in custody for any other lawful reason.