The family of Benedict Kabiru Kuria, a Kenyan police officer who vanished in Haiti while on a peacekeeping mission, has taken legal action against the government, demanding confirmation of whether he is alive or dead.
They are seeking details on steps taken to trace him and insist on direct communication regarding his status.
The case was mentioned virtually at the Milimani Law Courts on Thursday, where Senior Counsel Mbuthi Gathenji, representing Kabiru’s mother Jacinta Wanjiku, his uncle Daniel Kabiru Ndung’u, and his brother Philip Kamau Kuria, opposed an application by State Counsel Betty Mwasao to adjourn proceedings.
Kabiru went missing in March when a Kenyan convoy under the Multinational Security Support (MSS) mission was attacked by armed gangs.
The officers had reportedly been assisting a Haitian National Police vehicle stuck in a ditch, suspected to be a trap set by the gangs, when the ambush occurred.
“The Petitioner has been waiting for news on her own son, an officer who disappeared in Haiti. I plead that we hear the matter today,” Gathenji told the court, emphasising that the family had waited months without updates.
Mwasao, representing the Attorney General, Inspector General of Police, and other state agencies, said she was attending to a sick client in hospital and had recently been on leave, which had delayed compliance with prior directions.
High Court Judge Chacha Mwita listened to both sides and appealed to the petitioners to allow the short delay requested by the State.
He highlighted the need to balance the family’s right to timely information with the government’s practical steps in collecting updates and confirmed that the matter would be heard in open court on September 24 at 11:30 am.
“I will get in touch with the legal office of IG to get an update on the status so far,” Mwasao told the court in response to calls for accountability.
The family had initially petitioned the court in July under a certificate of urgency, seeking orders compelling the Attorney General, the Inspector General, the National Police Service, the Ministry of Foreign Affairs, and the Ministry of Interior to confirm Kabiru’s status.
They also requested that the state disclose all measures taken to trace him and facilitate direct communication with the family.
Gathenji reiterated that the family deserves clarity.
“It is only fair for the family to know what efforts have been made and what prospects there are of finding Kuria,” he said.
Inspector General Douglas Kanja had previously confirmed that another Kenyan officer deployed in Haiti remains missing, with ongoing efforts to locate him. The case is scheduled for a full hearing on September 24.
