A Kenyan court
has ruled that the fatal shooting of Pakistani journalist Arshad Sharif by
a police officer in 2022 was arbitrary and unconstitutional.
High Court Judge Stella Mutuku on Monday
found that the killing that happened on October 23, 2022 violated the
scribe's right to life, right to equal benefit and protection of the law,
and right to dignity, among others.
Consequently, the judge ordered the
government of Kenya to pay the family Ksh10 million (about $78,000) as
compensation. However, she suspended the monetary benefit for 30 days to allow
the government to appeal against the decision.
“In view of the
analysis above, I find that the respondents, jointly and severally through
their actions violated the rights of the petitioners,” the judge said adding
that Sharif’s family should be updated on the status of the investigations and
appropriate action to be taken against the police officers found
culpable.
The 46-year-old Pakistani journalist had fled to
Kenya in July 2022 on a self-imposed exile to avoid arrest after allegedly
criticising the country’s powerful military rule.
He was shot dead at Tinga area in Kajiado County
in what the police later described as a case of "mistaken identity".
Sharif was a
passenger in a Toyota Land Cruiser, number plate KDG 200M, and the police
claimed they opened fire on the car while trailing a different vehicle, a
Mercedes Benz Sprinter van, number plate KDJ 700F, which had allegedly been
stolen from Pangani, a few kilometres from Nairobi's central business
district.
The following day, the judge said Kenya's
Inspector-General of Police admitted that his officers had “fatally
wounded” Arshad Sharif in a case of “mistaken identity”.
The widow, Ms Javeria Sidique, sued
Attorney-General Justin Muturi, Inspector General of Police Japhet Koome,
Director of Public Prosecutions Renson Ingonga and the Independent Policing
Oversight Authority (Ipoa), among others, accusing them of delaying investigations
into the shooting and keeping the family in the dark concerning the probe.
The court ruled that Sharif was subjected to
torture as his life was cut short without a just cause.
Justice Mutuku further directed the police to
conclude the investigations into the killing, and that appropriate action to be
taken against the officers found culpable.
The judge said no person should be deprived of
his or her right to life unless as stated in the law and the police should not
use force unless it is necessary.
She added that Sharif had full and equal
enjoyment of his rights in Kenya, including the right to freedom and security.
The judge noted that the widow wrote several
letters to the government and its agencies on the status of the investigations
but no response was forthcoming.
Justice Mutuku added that all the government
agencies sued in the matter, including the National Police Service, cannot
escape responsibility as they have the mandate of upholding the rule of law,
good governance and the Constitution.
Sidique's lawyer Dudley Ochiel argued that
the use of lethal force against Sharif by shooting him dead was arbitrary,
disproportionate, unlawful, and unconstitutional.
The widow revealed in the petition that Sharif
used to provide for his two wives, five children and his mother.
She moved to court, saying she was apprehensive
that the failure to investigate, arrest, or prosecute the police officers who
caused the death of her husband was a ploy cover-up the matter and a violation
of the Constitution.