NAIROBI, Kenya — The Supreme Court has dismissed an appeal by the family of slain Pakistani journalist Arshad Sharif, upholding a Sh10 million compensation award while declining to compel the Director of Public Prosecutions (DPP) to prosecute the police officers involved in his fatal shooting.
In a unanimous judgment, the apex court affirmed earlier decisions by the High Court and the Court of Appeal, finding that Sharif’s constitutional right to life was violated when he was fatally shot by police officers in Kajiado County on October 23, 2022.
Sharif was killed after officers mistakenly identified the vehicle he was travelling in as one linked to criminal activity.
The appeal had been filed by Sharif’s widow, Javeria Siddique, and other family members, who sought enhanced damages, a public apology from the State, disclosure of investigation records and orders compelling the DPP to prosecute the officers responsible for the shooting.
The family also argued that the killing amounted to torture and cruel, inhuman and degrading treatment in addition to violating the journalist’s right to life.
However, the Supreme Court agreed with the Court of Appeal that while the right to life had been violated, the evidence presented did not support the additional constitutional claims.
“The reckless shooting of the deceased, resulting in his death, was a clear violation of his right to life which is sacrosanct under our Constitution and International Law,” the judges held.
On the request to compel criminal prosecutions, the court reaffirmed the constitutional independence of the Office of the Director of Public Prosecutions under Article 157 of the Constitution.
The judges held that courts cannot direct or control the DPP in exercising prosecutorial powers.
“The Constitution bars any person from directing or controlling the 3rd respondent in the exercise of this duty,” the court stated.
The Supreme Court also declined to increase the Sh10 million compensation awarded by the High Court, finding that the appellants had failed to demonstrate that the lower courts erred in assessing damages.
According to the judgment, there were no compelling grounds to interfere with the trial court’s discretion.
The court further ruled that allegations of torture and cruel, inhuman or degrading treatment required supporting medical or scientific evidence demonstrating that Sharif suffered pain before his death.
“No such evidence was tabled,” the judges observed.
Consequently, the court found no basis to enhance the compensation or grant the additional remedies sought by the family, including a public apology and disclosure of investigative records.
The ruling brings to a close the family’s appeal before Kenya’s highest court, leaving intact the Sh10 million compensation awarded for the violation of Sharif’s constitutional right to life while reaffirming the constitutional independence of the DPP in decisions on criminal prosecutions.