The family of a Kenyan police officer missing in Haiti has filed a lawsuit against the government, accusing it of failing to provide critical information about the officer’s fate and violating their constitutional right to access public information. The missing officer, Benedict Kabiru Kuria, was part of Kenya’s police deployment to Haiti under the UN-backed Multinational Security Support Mission (MSSM).
Officer Deployed to Haiti, Then Disappears
Benedict Kabiru, a member of the Administration Police Service, was one of the 400 officers deployed to Haiti in June 2024 as part of Kenya’s contribution to international efforts to restore order in the Caribbean nation. He reportedly left Kenya on June 25, 2024, and arrived in Haiti on June 29, shortly before being deployed to high-risk areas plagued by gang violence and political instability.
According to official records, on March 26, 2025, the family received devastating news: Benedict had gone missing in action following a violent confrontation with local gangs on March 25. A brief statement released by the Office of the Inspector General of Police, through its Director of Corporate Communication, confirmed that an incident involving the officer had occurred, but provided no further details.
Local administrators later formally communicated the development to the officer’s family in Kenya, offering little beyond reassurances that a search and rescue operation was ongoing. However, more than three months later, the family says they remain completely in the dark.
Legal Action at Milimani Law Courts
In response to what they describe as prolonged government stonewalling, the family of Benedict Kabiru—his mother Jacinta Wanjiku Kabiru, uncle Daniel Kabiru Ndung’u, and brother Philip Kamau Kuria—has moved to the Milimani Law Courts, seeking legal redress.
Filed under a certificate of urgency, the family’s petition seeks a judicial order of mandamus compelling several top government agencies to confirm whether the officer is alive or dead, and if alive, to disclose his exact location and condition.
The respondents named in the suit include:
- Cabinet Secretary for Interior and National Administration
- National Police Service (NPS)
- Deputy Inspector General – Administration Police Service
- Cabinet Secretary for Foreign and Diaspora Affairs
- Attorney General of the Republic of Kenya
Through their legal team, the family accuses the state of failing in its duty of care to one of its deployed officers and to his next of kin, citing deliberate withholding of information, contradictory statements, and lack of transparency.
“It has been over 90 days since we were told Benedict was missing in action. The government has gone silent. We have not received any official report, any communication from the Ministry of Foreign Affairs, or even a courtesy update from the National Police Service,” said Philip Kamau Kuria, Benedict’s younger brother, in an emotional statement to journalists outside the courthouse.
Citing Violation of Constitutional Rights
Central to the petition is the family’s argument that the government’s silence and failure to share official documentation about the status of Officer Kabiru violates Article 35 of the Kenyan Constitution, which guarantees the right of citizens to access information held by the State.
“The Constitution is clear. Every citizen has the right to access information that is required for the exercise or protection of any right or fundamental freedom. This includes family members seeking information about the fate of a missing loved one,” reads the petition in part.
The family contends that they have repeatedly made formal requests—both written and verbal—to access status reports, rescue mission updates, and correspondence between the Kenyan government and the Haitian Transitional Presidential Council (CPT). All of these requests, they allege, have been ignored or denied.
Mission in Haiti Faces Mounting Criticism
Kenya’s decision to lead the UN-sanctioned peacekeeping mission in Haiti has faced widespread criticism both domestically and internationally. Deployed in June 2024, the Kenyan police contingent was tasked with helping quell violence in a country grappling with widespread gang control, collapsing governance, and severe humanitarian crises.
However, human rights activists, legal scholars, and even sections of Parliament have questioned the legality, preparedness, and safety protocols surrounding the mission. The death or disappearance of Kenyan officers in such volatile environments, critics argue, highlights serious flaws in the planning and execution of the deployment.
“There are real questions about the decision to send police officers to a war zone without adequate support, clear command structures, or a functional diplomatic channel for emergency response,” said Dr. Kennedy Ochieng, a security analyst at the University of Nairobi.
Several opposition leaders have since called for the recall of Kenyan forces from Haiti, demanding a parliamentary inquiry into the mission’s legal grounding and operational framework.
Emotional Toll on the Family
The uncertainty surrounding Benedict’s fate has taken a heavy emotional toll on his family. His mother, Jacinta Wanjiku, appeared visibly distraught as she made her way into the courtroom.
“All I want is to know whether my son is alive or dead. Even if he’s gone, I want to bury him. I want closure,” she said in Swahili during an impromptu press briefing outside the court.
Family members say they have suffered sleepless nights, stress-related illnesses, and psychological trauma, not knowing whether Benedict is alive, injured, in captivity, or already deceased.
Growing Calls for Accountability and Transparency
Civil society groups have joined the family in calling on the government to act with greater transparency, especially in sensitive cases involving security personnel deployed outside the country.
The Kenya National Commission on Human Rights (KNCHR) and International Justice Mission (IJM-Kenya) have both issued public statements urging the Ministry of Interior and the National Police Service to release accurate, timely updates to affected families.
“This is not just about one family. It’s about the broader principle of accountability in public service, especially when the lives of our officers are involved,” said KNCHR Chairperson Roseline Odede.
What’s Next in Court?
The Milimani court is expected to review the matter under judicial urgency next week. If the court grants the requested order of mandamus, it would compel the listed government entities to file affidavits or official records disclosing:
- The last known status of Officer Benedict Kabiru Kuria
- Details of the operation in which he went missing
- Any ongoing search and rescue plans
- All correspondence between the Government of Kenya and Haitian authorities on the matter
The court may also issue directions on interim reliefs, such as psychological support for the family or immediate diplomatic intervention.
Conclusion
As the case unfolds, the fate of Benedict Kabiru Kuria remains unknown. For his grieving family, the silence from the government has been deafening. As public pressure mounts, the lawsuit may set a new legal precedent for how the State handles disappearances of security personnel abroad—and for the enforcement of citizens’ constitutional right to access official information.