Family of missing officer Benedict Kabiru in court/JAMES GICHIGIConfusion has deepened over the fate of missing Kenyan police officer Benedict Kabiru Kuria after the Attorney-General’s office asked for more time to verify President William Ruto’s public remarks about him at the United Nations.
Appearing before Justice Chacha Mwita on Wednesday, the lawyer acting for AG and other government agencies, Counsel Betty Mwasao, told the court that the government’s position remains that the officer is “missing in action” and requested additional time to confirm the accuracy of the President’s statement.
Earlier on, President Ruto, while addressing the UN Security Council, paid tribute to Kenyan peacekeepers deployed in Haiti, including the missing officer.
“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.
This prompted the family to seek a formal confirmation from the Attorney-General on the official status of the missing officer.
Senior Counsel Mbuthi Gathenji, acting for the petitioners, informed the court there had been an agreement with the respondents to introduce new evidence by way of a supplementary affidavit in order to dispose of one of the orders sought – official disclosure of the officer’s status.
Under an agreement, the petitioners would file the supplementary affidavit within three days, and the Attorney-General’s office would respond within seven days, with counsel Mwasao asking for more time to verify the President’s statement.
"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 that the petitioners file and serve their supplementary affidavit within seven days and the respondents respond within a similar period if need be, while urging both sides to try to resolve outstanding issues among themselves.
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 information on efforts to trace him and to communicate directly with the family.
Kabiru disappeared in March while serving in Haiti with the UN-backed peacekeeping mission after a Kenyan convoy he was part of was ambushed by gangs.
His family says they have endured months of silence and conflicting information from authorities.
