Kajiado High Court has delivered a ruling on the murder of Pakistani journalist Arshad Sharif by Kenyan police in October 2022.
In the ruling, Judge Stella Mutuku ordered the government of Kenya to pay Sharif’s family Ksh10 million for his murder.
“Judgment is hereby entered in favor of the 1st Petitioner against the respondents jointly and severally for a global sum of Ksh10,000,000 by way of general damages, which sum shall attract interest at court rates from the date of filing this Petition until payment in full,” read the Court document.
Justice Mutuku held the Kenya police and other respondents accountable for omissions while performing their respective functions and for violating the rights of the Petitioners.
“I find that the respondents, jointly and severally through their actions, violated the rights of the petitioners,” Mutuku said.
Court Declarations on Arshad Sharif Killing
The judge issued a declaration that the use of lethal force for law enforcement purposes is an extreme measure that should be resorted to only when strictly necessary to protect life or prevent serious injury from an imminent threat.
She stated that the use of lethal force against Arshad Sharif by shooting him in the head was arbitrary, disproportionate, unlawful, and unconstitutional.
“A declaration is hereby issued that the unlawful shooting to death of Arshad Sharif by the Kenyan police officers in Kajiado County, Kenya, on 23rd October 2022 violated his right to life under Article 26 of the Constitution; right to equal benefits and protection of the law under Article 27 of the Constitution; right to dignity under Article 28; and right to security of the person under Article 29 of the Constitution,” the judge said.
Additionally, the judge declared that the Petitioners are entitled to effective remedies as guaranteed by Article 23 of the Constitution; Article 2(3) of the ICCPR; Article 14 of CAT; and Article 7(1) of the Banjul Charter.
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Justice Mutuku further ordered the government to conduct independent, prompt, and effective investigations and to take appropriate action, including the prosecution of the perpetrators of the fatal shooting.
The judge ruled that failure to do so further violates the positive obligation to investigate and prosecute violations of the right to life, torture, and inhuman and degrading treatment under Article 21(1) of the Constitution; Article 6 and 7 of CAT; and Article 2 and 7 of the ICCPR.
“A declaration is hereby issued that Article 244(a) and 246(3) of the Constitution commands the Respondents to take appropriate actions, including to punish and prosecute police officers who killed Arshad Sharif, if found culpable,” Mutuku said.
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Respondents to Provide Investigations Updates
Besides, the judge ordered the respondents to supply the petitioners with an update on the status of the investigations and the recommendations of the respondents.
The petitioners in this case included Javeria Siddique, the deceased’s wife, the Kenya Union of Journalists, and the Kenya Correspondents Association.
The respondents were the Attorney General, the Director of Public Prosecutions (DPP), the Inspector General of the National Police Service, and the National Police Service Commission.
Sharif’s Shooting
Arshad Sharif was killed when police shot at his car on the outskirts of the Kenyan capital Nairobi in October 2022.
The police later expressed regret over the incident, saying it had been a case of “mistaken identity” during a search for a similar car involved in a child abduction case.
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