The High Court of Monday, July 8 ruled that the killing of Pakistani journalist Arshad Sharif by police officers was unconstitutional.
While issuing the ruling, Justice Stella Mutuku of the Kajiado High Court said the killing violated the Pakistani national’s right to life, equal benefit, and protection of the law and dignity.
“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,” Justice Mutuku said.
The court awarded Sharif’s family Sh10 million in compensation with interest until full payment is made.
However, Justice Mutuku suspended the compensation for 30 days to allow the state to appeal the decision.
The high court judge criticized the Office of the Director of Public Prosecutions (ODPP) and the Independent Policing Oversight Authority (IPOA) for failing to prosecute the two police officers involved in Sharif’s execution.
Mutuku ordered the three offices to complete their investigations and take appropriate action against the officers who shot and killed Sharif.
Sharif was killed in Kajiado on October 2023 when the police allegedly opened fire on the car in which he was traveling after the vehicle failed to stop at a roadblock.
Later the police said the shooting was a case of mistaken identity. They claimed they were chasing a Mercedes Benz Sprinter Van KDJ 700F, allegedly stolen from Pangan, but Sharif was a passenger in a Toyota Landcruiser (V8) KDG 200m.
In October 2023, Javeria Siddique, the widow of murdered journalist Arshad Sharif, filed a lawsuit against the Kenyan police over the murder.
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