Media Wire Express Correspondent
A Kenyan court has determined that the fatal shooting of Pakistani journalist Arshad Sharif by a police officer in 2022 was both arbitrary and unconstitutional.
High Court Judge Stella Mutuku ruled on Monday that the incident, which occurred on October 23, 2022, infringed upon Sharif’s fundamental rights, including his right to life, equal benefit and protection under the law, and dignity.
As a result, the judge has instructed the Kenyan government to compensate Sharif’s family with Ksh10 million (approximately $78,000). However, she has temporarily suspended the payment for 30 days to allow the government the opportunity to challenge the ruling.
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“I find that the respondents, collectively and individually, violated the rights of the petitioners through their actions,” stated the judge, emphasizing the need for updates on the investigation status and appropriate measures to be taken against any police officers found responsible.
The 46-year-old journalist had sought refuge in Kenya in July 2022 to evade arrest after allegedly criticizing the country’s influential military regime. Tragically, he was fatally shot in Tinga area, Kajiado County, under what police later termed as a case of “mistaken identity.”
Sharif was a passenger in a Toyota Land Cruiser with the number plate KDG 200M. The police claimed they fired at the car while following a different vehicle, a Mercedes Benz Sprinter van bearing the number plate KDJ 700F, which was reportedly stolen from Pangani, a few kilometers away from Nairobi’s central business district.
The next day, the judge revealed that Kenya’s Inspector-General of Police acknowledged that his officers had fatally wounded Arshad Sharif in a case of mistaken identity.
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Ms. Javeria Sidique, the widow, filed a lawsuit against Attorney-General Justin Muturi, Inspector General of Police Japhet Koome, Director of Public Prosecutions Renson Ingonga, and the Independent Policing Oversight Authority (Ipoa), among others. She accused them of prolonging investigations into the shooting and keeping the family uninformed about the progress of the probe.
The court declared that Sharif suffered torture through the unjust termination of his life.
Justice Mutuku instructed the police to promptly conclude the investigations into the killing and take appropriate action against the responsible officers.
Highlighting that no individual should be deprived of their right to life except as prescribed by law, the judge emphasized that police should only resort to force when absolutely necessary.
She underscored that Sharif fully enjoyed his rights in Kenya, including freedom and security.
Despite the widow’s efforts in seeking information on the investigation status through letters to government agencies, no responses were received.
Justice Mutuku emphasized that government entities, including the National Police Service, cannot evade accountability for upholding the rule of law, good governance, and the Constitution.
Sidique’s lawyer, Dudley Ochiel, contended that the fatal shooting of Sharif was arbitrary, disproportionate, unlawful, and unconstitutional.
In her petition, the widow disclosed that Sharif supported two wives, five children, and his mother.
She approached the court expressing concerns that the failure to investigate, apprehend, or prosecute the officers responsible for her husband’s death was an attempt to conceal the matter and a violation of the Constitution.
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