Kenya High Court judge declared the murder of the Pakistani journalist Arhsad Sharif in Kenya as unlawful and unconstitutional and penalized the Kenyan police officers.

Kenya’s Kajiado High Court has awarded Rs21.7 million to the family of slain Pakistani Journalist Arshad Sharif who was shot dead by Kenyan police officers in October 2022.

While delivering her judgement, Justice Stella Mutuku said the use of lethal force against Sharif by shooting him in the head was unlawful and unconstitutional.

She faulted the Attorney General, the DPP and other investigating agencies for their laxity in concluding the probe and charging police officers behind Arshad's death.

High Court orders the government to award Ksh 10 million to the family of Pakistani journalist Arshad Sharif, who was mistakenly shot dead by police officers in Kajiado in October 2022, ruling his killing unconstitutional. pic.twitter.com/erBeu3EJQa
— Hope TV Kenya (@HopeTV_KE) July 8, 2024

A two-member fact-finding team set up by the Pakistani government to probe the killing said it found several contradictions in the version given by Kenyan authorities, and believed it was a case of pre-planned murder.

The team travelled to Kenya and conducted a number of interviews, examined and reconstructed the crime scene and examined the deceased's phones and computers.

"Both the members of the (fact-finding team) have a considered understanding that it is a case of planned targeted assassination with transnational characters rather than a case of mistaken identity," said the report, copies of which were submitted to Pakistan's Supreme Court.

"It is more probable that the firing was done, after taking proper aim, at a stationary vehicle," it said. Kenyan authorities declined to comment on the specifics of the report.

Kenya Police reaction to verdict

"The investigation into the matter is still ongoing, so there is not much I can tell," said Kenya National Police Service spokesperson Resila Onyango.

Judge faults state agencies over delayed justice

The Kenyan judge has criticized the Attorney General, the Director of Public Prosecutions (DPP), and other investigating agencies for their laxity in concluding the probe and charging police officers responsible for the death of Arshad Sharif.

The judge emphasized that the state agencies involved cannot evade responsibility for the incident, given their roles in the investigation and the relief sought by Arshad's family.

Key points from court proceedings

Represented by Advocate Dudley Ochiel, Javeria Siddique, the petitioner, urged the court to compel the Attorney General, DPP, Inspector General of Police, Independent Policing Oversight Authority, and the National Police Service Commission to provide her with all documents and evidence, including films, photographs, and videotapes related to the shooting.

Siddique argued that despite the admission by police that the killing occurred on October 23 of the previous year, justice had not been served through the investigation and prosecution of those responsible. The police claimed they were trailing a stolen Mercedes Benz Sprinter Van KDJ 700F from Pangani but ended up shooting Arshad, who was in a Toyota Landcruiser V8 KDG 200M.

Judicial ruling

The emale judge highlighted the imprudence of keeping the deceased's family in the dark without updates on the investigation's progress and outcome. She affirmed that the state agencies violated Arshad's rights by shooting him under the circumstances described, noting that even the claim of mistaken identity does not absolve the respondents of responsibility.

"The petitioners have persuaded the court that Arshad's rights were violated," the judge stated. "The loss of life cannot be compensated in monetary terms, nor can the pain and suffering the family has endured. However, there is a consensus that compensation is an appropriate remedy for redressing the violation of fundamental rights."

The judge issued a mandatory order requiring the respondents to conclude the investigation and take appropriate actions, including disciplinary measures and prosecution of the officers involved in the shooting if found culpable. Additionally, she ordered the respondents to provide the petitioners with an update on the status of the investigation and declared that the unlawful shooting by Kenya police officers in Kajiado County violated Arshad's right to life, equal benefit, and protection of the law and dignity.

While awarding a compensation of Sh10 million to the family, the judge suspended the order for 30 days after the state, represented by Advocate Augustine Kipkuto, argued that the payment could not be made immediately due to the lack of provision for such funds.

"Amounts being sought are public funds. No provision for it now. Arrangements have to be made," he stated. The judge granted the suspension but maintained the order on compensation.