Hearing for the family of missing Kenyan police officer Benedict Kabiru Kuria is set to begin today at the Milimani Law Courts, as they seek urgent updates from the government on his whereabouts.
Kuria, who disappeared in March while serving on a United Nations peacekeeping mission in Haiti, has not been traced after a Kenyan convoy he was part of was reportedly ambushed by armed gangs.
The family, led by his mother, Jacinta Wanjiku Kabiru, petitioned the High Court, requesting the government to clarify whether Kuria is alive or deceased and to disclose all efforts made to locate him.
At a virtual pre-hearing session on September 18, Senior Counsel Mbuthi Gathenji, representing the family, noted there had been a delay as State Counsel Betty Mwasao, representing the government, cited attending to a sick client and being on leave.
However, he highlighted the prolonged wait and the family’s anxiety, urging the court to proceed without further delays.
High Court Judge Chacha Mwita listened to both parties and appealed to the petitioners to allow a short delay sought by the State counsel, emphasising the need to balance the family’s right to a timely hearing with practical steps the State must take to gather information amid the humanitarian situation at the hospital.
He directed that the petition be heard on September 24 at 11:30 a.m. in open court.
Ruto’s compensation panel case
In another court, directions are expected to be issued regarding a petition challenging the constitutionality of President William Ruto’s Presidential Panel of Experts on Compensation of Victims of Demonstrations and Public Protests.
The petitioners argue that the panel, established through a presidential proclamation and Gazette Notice, exceeds the executive's authority under Article 132(4) of the Constitution.
They contend that matters of compensation and reparations fall within the mandate of the judiciary and independent institutions, not the executive.
The panel, chaired by Professor Makau Mutua, aims to develop a coherent policy on reparations and propose legislative reforms to address gaps in the handling of protests.
The petitioners seek conservatory orders to suspend the panel's operations, pending the outcome of the case.
Justice Chacha Mwita will oversee the matter and provide further directions.
This development follows a parallel suit in Kerugoya, where temporary conservatory orders had previously halted the panel’s operations.
The panel has since approached the court seeking to set aside those orders and resume its work.
