Kabiru's family wants answers but AG wants to consult

Relatives of missing police constable Benedict Kabiru at the milimani courts on 24th September 2025. [David Gichuru,Standard]

President William Ruto's revelation at the United Nations General Assembly (UNGA) that Officer Benedict Kabiru was among three policemen killed in the Haiti mission has thrown a court case into turmoil, as the family had been told he was still missing.

During a virtual court session on Wednesday, the family's lawyer, Mbuthi Gathenji, said the case could not proceed in light of the President's statement.

He told the court that one of the prayers in the petition was to compel Inspector General of Police Douglas Kanja to disclose the truth about what had transpired.

"Since we filed this matter, there has been a development. In New York, the President and Commander-in-Chief stated that Bernard Kabiru had died and honoured him as one of three police officers who lost their lives. This petition was seeking just that truth, which had been hidden and concealed by the Inspector General's office," said Gathenji.

The Attorney General's office told the court it was seeking clarification from senior police commanders on whether their initial position-that Kabiru was still missing in Haiti-still stood.

Gathenji reminded High Court Judge Chacha Mwita that when the Haitian government issued a press release on 26 March announcing Kabiru's death, the IG dismissed it as an Artificial Intelligence (AI)-generated report.

Betty Mwasao, representing the AG, told the judge that her clients had not received official confirmation of Kabiru's death. She said she had spoken to a senior police officer, who maintained that Kabiru remained missing.

Gathenji described the AG's response as embarrassing, given that the President's speech had already been widely reported.

"If the Attorney General can confirm that the information is true, then we can proceed to the consequences of withholding such information. It is embarrassing because the information is all over the media. They imply that the President is lying, yet I have seen it myself in print and television," he said.

Judge Mwita directed the parties to appear before him physically. This time, Gathenji came armed with the President's speech. He said both parties had agreed the new information should be filed as part of the court record, while Mwasao sought further instructions from her clients.

"It will confirm the President's position that Kabiru has indeed passed on. The AG's concern is that we have not formally placed the evidence on record, which will allow her to consult further," said Gathenji.

Mwasao, for her part, argued that time was needed, stressing that the police were not claiming Kabiru was alive, only that he remained missing in action.

The uncertainty prompted his mother, Jacinta Wanjiku, his brother, Phillip Kamau, and his uncle, Daniel Ndung'u, to sue.