KAJIADO, Kenya – The High Court in Kajiado has awarded Sh10 million to the family of Pakistani journalist Arshad Sharif, who was tragically killed by Kenyan police in October 2022.
Justice Stella Mutuku delivered the judgment, condemning the use of lethal force against Sharif as unlawful and unconstitutional.
Justice Mutuku emphasized that the shooting of Sharif in the head was a grave violation of his rights.
She criticized the Attorney General, the Director of Public Prosecutions (DPP), and other investigative agencies for their failure to conclude the investigation and charge the responsible officers.
“The use of lethal force in this case was unlawful and unconstitutional,” said Justice Mutuku. “The state agencies involved cannot escape responsibility for the death of Arshad Sharif.”
Represented by Advocate Dudley Ochiel, Javeria Siddique, Sharif’s widow, had sought a court order compelling the relevant state agencies to provide all documents and evidence related to the shooting.
She argued that justice had not been served through the investigations and prosecution of those responsible for her husband’s death.
Sharif had fled Pakistan in July 2022 to avoid arrest after criticizing the country’s powerful military.
On October 23, 2022, he was shot dead by Kenyan police in what they later described as a case of mistaken identity.
The police admitted to the killing, stating they were trailing a stolen Mercedes Benz Sprinter Van but mistakenly targeted Sharif, who was in a Toyota Landcruiser.
In her ruling, Justice Mutuku highlighted the state’s failure to keep the family informed about the investigation’s progress. She stated that the family deserved transparency and accountability.
“By shooting the deceased under these circumstances, the respondents violated his rights,” said Justice Mutuku. “The loss of life cannot be compensated in monetary terms, nor can the pain and suffering of the family. However, compensation is an appropriate remedy for redress in violation of fundamental rights.”
Justice Mutuku issued several orders: First, the respondents must conclude the investigation and take appropriate action, including disciplinary measures and prosecution of the officers involved.
Secondly, the respondents must provide the petitioners with updates on the investigation’s status.
Lastly, the unlawful shooting violated Sharif’s right to life, equal protection under the law, and dignity.
The Sh10 million compensation award has been suspended for 30 days. The state, represented by Advocate Augustine Kipkuto, argued that the funds were not immediately available.
“These are public funds, and there is no provision for this payment at present. Arrangements need to be made,” Kipkuto informed the court.
Justice Mutuku granted the suspension but emphasized the urgency of addressing the family’s need for justice and closure.
