Arshad Sharif Murder
The High Court in Kajiado, Kenya, has ordered a payment of 10 million Kenyan shillings to the family of Arshad Sharif, a Pakistani journalist who was mistakenly shot and killed by Kenyan police officers in October 2022.
Justice Stella Mutuku, in her ruling, declared that the Kenyan police’s use of lethal force against Sharif, including shooting him in the head, was unlawful and unconstitutional.
Justice Mutuku criticized the Attorney General, the Director of Public Prosecutions, and other investigative agencies for their delay in concluding the investigation and charging the police officers responsible for Sharif’s death.
She asserted that state agencies could not escape responsibility for Sharif’s death, emphasizing their roles in addressing the family’s petition.
Arshad Sharif’s wife, Javeria Siddique, through her lawyer, Advocate Dudley Ochiel, requested the court to order the respondents—including the Attorney General, Director of Public Prosecutions, Inspector General of Police, Independent Policing Oversight Authority, and the National Police Service Commission—to provide all documents, evidence, films, photographs, and video recordings related to Sharif’s shooting. The judge agreed, noting that the petitioners had demonstrated that Sharif’s rights were violated.
“The loss of life cannot be compensated in monetary terms, nor can the pain and suffering the family endured be fully addressed,” Justice Mutuku said. However, she acknowledged that compensation is an appropriate remedy for the violation of fundamental rights.
The judge issued a mandatory order compelling the respondents to conclude their investigation and take appropriate action, including disciplinary measures and prosecution of any police officers found culpable in Sharif’s shooting and killing on October 23rd. She also ordered the respondents to provide the petitioners with updates on the status of ongoing investigations.
Furthermore, the judge declared that the unlawful shooting by Kenyan police officers violated Sharif’s right to life, equal benefit, dignity, and protection under the law. She criticized the authorities for keeping Sharif’s family in the dark about the progress and outcome of the investigation.
Sharif had allegedly fled Pakistan in July 2022 to avoid arrest for criticizing the country’s powerful military, only to be shot and killed in Kajiado, Kenya, in what the police later described as a case of mistaken identity.
The police admitted to killing Sharif, stating they were actually trailing a different vehicle, a Mercedes Benz Sprinter van with the license plate KDJ 700F, which they believed had been stolen from the Pangani area. However, Sharif was traveling in a Toyota Land Cruiser (V8) with the license plate KDG 200M.
The court had previously awarded a SH10 million judgment. However, this award was temporarily suspended for 30 days.
Advocate Augustine Kipkuto, representing the state, informed the court that they were currently unable to make the required payments. He explained that the funds being sought are public money, and there is no budgetary provision for this payment at the moment.
Arrangements would need to be made to facilitate the payment. The judge granted Kipkuto’s application to temporarily suspend the order for compensation but did not fully overturn the original judgment awarding the 10 million shillings.
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