The High Court has ordered the Attorney-General (AG) to file a report clarifying whether police officer Benedict Kabiru, who was deployed to the peacekeeping mission in Haiti, is dead or alive.
Justice Chacha Mwita issued the directive after family lawyers, Senior Counsel Mbuthi Gathenji and Harun Muturi, told the court that President William Ruto announced Kabiru’s death on September 22, 2025, at the United Nations General Assembly (Unga) in New York.
“Kabiru was reported to have gone missing in Haiti six months ago on March 26, 2025,” Mr Gethenji told the judge.
The family argued that until then, the government had only informed them that Kabiru was missing but had never said he was dead.
Mr Gathenji said repeated attempts to get information from relevant government agencies, including Inspector-General of Police Douglas Kanja, had been futile.
Jacinta Wanjiku (left) mother of Benedict Kabiru Kuria and his wife Miriam Kabiru at their home in Thamande, Kikuyu on March 27, 2025.
Photo credit: Lucy Wanjiru | Nation Media Group
But State Counsel Betty Mwatsao, representing the AG, told the court that police records still list Kabiru as missing. She requested seven days to verify the information about his death.
“I need time to confirm whether Kabiru is indeed deceased,” Ms Mwatsao said.
Justice Mwita directed the AG to provide proper information on Kabiru’s status within seven days, noting that contradictions had left the family in limbo.
“The court grants the AG seven days to file information about Benedict Kabiru,” Justice Mwita ruled. He further directed the AG to liaise with Kabiru’s family to address issues raised in their petition.
The petitioners — Kabiru’s mother Jacinta Wanjiru, Daniel Kabiru Ndung’u and Philip Kamau Kuria — have sued the AG, the IG, the National Police Service, Interior CS Kipchumba Murkomen, and Prime Cabinet Secretary and Foreign Affairs CS Musalia Mudavadi.
A picture of Benedict Kabiru Kuria, a police officer who went missing in Haiti.
Photo credit: Lucy Wanjiru | Nation Media Group
The family contends that Kabiru was among the first batch of 400 Kenyan police officers airlifted to Haiti on June 29, 2024, despite a court order prohibiting the deployment of police officers to war-torn countries.
Kabiru disappeared during an ambush after the Mine-Resistant Ambush Protected vehicle he was travelling in broke down. He had been part of a contingent rescuing Haitian counterparts whose vehicle got stuck in a ditch suspected to have been dug by gang members.
He was reportedly captured by militia, and although Kenya later opened talks to recover his body, the negotiations bore no fruit.
Since then, the family has been torn between Haiti’s Transitional Presidential Council, which declared Kabiru dead, and the Kenyan government, which has maintained he is only missing.
They argue that the government’s failure to provide consistent communication has caused confusion, disrupted their lives, and subjected them to immense pain and suffering.
Justice Mwita will receive the AG’s full report on October 8, 2025.
