Family of Kenyan officer in Haiti sues state for information on his disappearance
Kabiru went missing in March when a Kenyan convoy under the Multinational Security Support (MSS) mission was ambushed by armed gangs.
The family of Benedict Kabiru Kuria, a Kenyan police officer who disappeared in Haiti while on a peacekeeping mission, has sued the government seeking confirmation on whether he is alive or dead.
The family now wants the state to disclose the steps taken to trace him and to provide direct communication on his status.
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The case was mentioned virtually before the Milimani Law Courts on Thursday, where Senior Counsel Mbuthi Gathenji, appearing for 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 the matter.
Kabiru went missing in March when a Kenyan convoy under the Multinational Security Support (MSS) mission was ambushed by armed gangs. The officers had reportedly been trying to assist a Haitian National Police vehicle stuck in a ditch, suspected to have been dug by the gangs, when the attack 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 urged the court, insisting the family had waited for months without answers.
Mwasao, representing the Attorney General, Inspector General of Police, and other government agencies, told the court she was attending to a sick client in hospital and had recently been on leave, which had delayed compliance with previous directions.
High Court Judge Chacha Mwita listened to both parties and appealed to the petitioners to allow a short delay sought by the State. He noted the need to balance the family’s right to timely information with the government’s practical steps to collect updates, stressing 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 to compel the Attorney General, the Inspector General, the National Police Service, the Ministry of Foreign Affairs, and the Ministry of Interior to confirm whether Kabiru is alive or dead. They also requested the court to direct the state to disclose all measures taken to trace him and to facilitate communication with them.
Gathenji reiterated that, in light of the circumstances, it was only fair for the government to provide a status report before the next hearing.
“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 earlier confirmed that another Kenyan officer deployed in Haiti was also still missing, with efforts ongoing to locate him.
The matter will now proceed for a full hearing on September 24.
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