I fix the error by installing a previous version of kali given on the page https://learn.microsoft.com/en-us/windows/wsl/install-manual#step-4---download-the-linux-kernel-update-package
At the end of the page you have the section troublesshouting and Downloading distributions. I downloaded the given version of kali double click on the file, and confirmed that I wanted to reinstall an older version than the one I just installed that give the error.
launching the previous version works! you can update kali in kali with:
sudo apt update && sudo apt upgrade -y