Confusion surrounding the fate of Kenyan police officer Benedict Kabiru Kuria has intensified after the Attorney-General’s office asked the court for more time to verify President William Ruto’s public remarks about him at the United Nations.
When the matter came before Justice Chacha Mwita on Wednesday, counsel Betty Mwasao, representing the Attorney-General and other state agencies, said the government still considers Kabiru “missing in action.”
She told the court they required more time to confirm the accuracy of the President’s statement.
The issue stems from President Ruto’s address to the UN Security Council, where he paid tribute to Kenyan officers serving in Haiti. “I must use this occasion to honour the Kenyan officers, Samuel Kitwai, Benedict Kabiru, and Kennedy Nzuve, who lost their lives in the line of duty," he said. His words raised fresh questions and led Kabiru’s family to demand official clarification from the Attorney-General.
In court, Senior Counsel Mbuthi Gathenji, appearing for the family, explained that both sides had agreed to allow the petitioners to introduce new evidence through a supplementary affidavit in order to address one of the key issues raised – a clear disclosure on Kabiru’s status.
"We have agreed that we formally introduce this evidence by way of a supplementary affidavit. If we do that, we will be disposing of one of the orders that we are seeking in terms of the information and, status of the officer. We were suggesting to do this within 3 days, and AG be given 7 days to reply," he stated.
Justice Mwita directed the petitioners to file and serve the supplementary affidavit within seven days, with the Attorney-General’s office given the same period to reply if necessary.
He also encouraged both sides to resolve any outstanding issues before the next hearing.
The petition, filed by Kabiru’s mother Jacinta Wanjiku and other relatives, seeks to compel the Attorney-General, the Inspector-General of Police, and relevant ministries to provide clear and consistent information on the missing officer and to communicate directly with his family.
Kabiru disappeared in March in Haiti while on duty with the UN-backed peacekeeping mission, after a Kenyan convoy he was part of came under attack by gangs. His relatives say they have been left in distress by months of silence and conflicting accounts from the authorities.