Kenyan Court Awards Sh10m to Family of Pakistani Journalist Killed by Police
In a landmark decision, the High Court in Kajiado has awarded Sh10 million to the family of Pakistani journalist Arshad Sharif, who was mistakenly shot and killed by Kenyan police officers in October 2022. Justice Stella Mutuku condemned the use of lethal force against Sharif, describing it as unlawful and unconstitutional.
During the judgement, Justice Mutuku criticized the Attorney General, the Director of Public Prosecutions, and other investigating agencies for their slow progress in concluding the investigation and prosecuting the officers involved in Sharif’s death. She emphasized that the State agencies named in the petition could not evade responsibility, as each had a role in addressing the family’s grievances.
Represented by Advocate Dudley Ochiel, Javeria Siddique, Sharif’s widow, sought an order compelling the authorities to provide all documents and evidence related to the shooting. She argued that the family had not received justice through the ongoing investigations and prosecutions
Sharif fled Pakistan in July 2022 to avoid arrest for criticizing the powerful military. He was killed in Kajiado in what the police later claimed was a case of mistaken identity. The police admitted to the shooting on October 23, stating they had mistaken Sharif’s vehicle for a stolen one.
Justice Mutuku highlighted the State’s failure to keep Sharif’s family informed about the investigation’s progress and outcome. “By shooting the deceased in the circumstances described in this case and which shooting has been admitted save for allegation that it was mistaken identity, the respondents violated the rights of the deceased,” she stated. She added that Sharif’s rights were undeniably violated, and the AG must bear responsibility.
The judge acknowledged that no monetary compensation could truly make up for the loss of life or the family’s suffering.
However, she affirmed that compensation was an appropriate remedy for the violation of fundamental rights. Consequently, she ordered the respondents to conclude their investigation and take appropriate actions, including disciplining and prosecuting the officers responsible for Sharif’s death if found culpable.
Additionally, Justice Mutuku mandated that the respondents provide the petitioners with updates on the investigation’s status. She declared that the unlawful shooting by Kenyan police officers violated Sharif’s rights to life, equal protection under the law, and dignity.
While the Sh10 million compensation was awarded, its payment was suspended for 30 days after the State, represented by Advocate Augustine Kipkuto, requested more time to arrange the funds. The judge granted the suspension but maintained the order for compensation.
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Kenyan Court Awards Sh10m to Family of Pakistani Journalist Killed by Police
