The Court of Appeal has overturned a High Court ruling that found the Independent Policing Oversight Authority (IPOA) jointly responsible for the killing of Pakistani journalist Arshad Sharif, who was shot dead by Kenyan police in October 2022.
In a ruling delivered by a three-judge bench comprising Justices Daniel Musinga (President), Mumbi Ngugi, and Francis Tuiyott, the appellate court set aside the finding that IPOA was jointly and severally liable with other state agencies for violating Sharif’s widow Javeria Siddique’s rights, stating that the Authority had fulfilled its mandate by investigating and recommending the prosecution of the officers involved.
“In light of the above matters, we set aside the finding of the trial court and the resulting orders that IPOA was jointly and severally liable with the other state organs for violation of the 1st -3rd respondents’ rights, and in damages to the 1st respondent in the sum of Kshs 10,000,000,” said the court.
IPOA Ordered to Give Update on Sharif’s Death Investigation
While absolving IPOA of liability, the Court of Appeal directed the authority to update the petitioners within 30 days on the status of its investigation into Sharif’s death. IPOA is required to disclose the recommendations it made to the Director of Public Prosecutions (DPP) and the response it received.
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However, the court declined to compel the DPP or other state actors to prosecute the officers involved, noting that IPOA had completed its mandate and that the DPP must independently decide, under Article 157 of the Constitution, whether to press charges.
The judges also declined to order the Attorney General to issue a public apology or take responsibility for the fatal shooting, stating that the evidence did not justify such a directive.
Court Upholds Ksh Compensation for Pakistani Journalist’s Widow
At the same time, the court upheld the Ksh 10 million compensation awarded by the High Court to Siddique, ruling that there was no justification to interfere with the amount.
Sharif, a prominent investigative journalist, was fatally shot in the head on the night of October 23, 2022, in Tinga Market, Kajiado County.
He was a passenger in a Toyota Land Cruiser V8 when police officers opened fire, allegedly mistaking the vehicle for a stolen van.
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The Inspector General of Police at the time, Japheth Koome, later admitted the shooting was a case of mistaken identity and pledged a full investigation.
Sharif’s death attracted global attention, with international human rights groups and press freedom advocates calling for accountability for his killing.
The Pakistani journalist had been living in self-imposed exile in Kenya at the time of his death.
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