The High Court in Kajiado, Kenya, has ruled in favor of the family of Arshad Sharif, a Pakistani journalist who was fatally shot by Kenyan police in October 2022.
Justice Stella Mutuku ordered the State to pay Sh10 million in compensation, declaring the use of lethal force against Sharif “unlawful and unconstitutional.”
The court criticized the Attorney General, Director of Public Prosecutions, and other investigating agencies for their inadequate response to the incident. Justice Mutuku emphasized that these state entities,
“Cannot escape responsibility for the death as they each have a role to play based on the reliefs sought by the family.”
Sharif’s wife, Javeria Siddique, represented by Advocate Dudley Ochiel, had petitioned the court for access to all evidence related to the shooting. The family argued that they had not received justice through proper investigation and prosecution of those responsible.
Police Conduct
Javeria Siddique expressed disappointment with the how the Kenyan government was handling the case. She had said earlier that,
“The Kenyan government never issued any apology. They never contacted us, they never showed any kind of kindness toward us. It is really cruel for a government to be so insensitive.”
The circumstances surrounding Sharif’s death were contentious. He had reportedly fled Pakistan in July 2022 to avoid arrest for criticizing the military.
Kenyan law enforcement personnel from the General Service Unit fatally shot Arshad Sharif on October 23, 2022. His death sparked international concern and raised questions about police conduct and accountability in Kenya.
The Kenyan police initially claimed the shooting was a case of mistaken identity, stating they were pursuing a stolen vehicle different from the one Sharif was traveling in. In her ruling, Justice Mutuku stated:
“By shooting the deceased in the circumstances described in this case and which shooting has been admitted save for allegation that it was mistaken identity, the respondents violated the rights of the deceased. The petitioners have persuaded the court that Arshad’s rights were violated.”
Court Orders
The court issued several orders, including:
- Compelling authorities to conclude investigations and take appropriate action against the officers involved.
- Requiring the respondents to provide updates on the investigation’s status to the petitioners.
- Declaring that the shooting violated Sharif’s rights to life, equal protection under the law, and dignity.
Justice Mutuku acknowledged the limitations of monetary compensation, saying,
“The Loss of life cannot be compensated in monetary terms nor is the pain and suffering the family must have gone through. But there’s consensus that compensation is appropriate remedy for redress in violation of fundamental rights.”
The payment of the Sh10 million compensation was suspended for 30 days after the state’s representative, advocate Augustine Kipkuto, informed the court that immediate payment was not possible due to budgetary constraints. He said,
“Amount being sought are public funds. No provision for it now. Arrangements have to be made,”
