Kenya court rules police killing of journalist Arshad Sharif unlawful

The High Court in Kajiado, Kenya, has ordered a compensation of 10 million Kenyan shillings to the family of Arshad Sharif, a Pakistani journalist who was shot and killed by Kenyan police officers in October 2022.

Justice Stella Mutuku ruled that the use of lethal force against Sharif, including shooting him in the head, was unlawful and unconstitutional. The judge criticized the Attorney General, the Director of Public Prosecutions, and other investigative agencies for delays in concluding the investigation and charging the responsible officers.

Justice Mutuku emphasized that state agencies cannot evade responsibility for Sharif’s death, noting that each agency has a role based on the relief sought by Sharif’s family.

Arshad Sharif’s wife, Javeria Siddique, through her lawyer, Advocate Dudley Ochiel, requested access to all documents, evidence, films, photographs, and video recordings related to Sharif’s shooting. The judge agreed, stating that the respondents violated Sharif’s rights by shooting him under the described circumstances.

The judge acknowledged that while monetary compensation cannot fully address the loss of life or the family’s suffering, it is an appropriate remedy for the violation of fundamental rights.

The ruling includes a mandatory order for the respondents (Attorney General, Director of Public Prosecutions, Inspector General of Police, Independent Policing Oversight Authority, and National Police Service Commission) to conclude their investigation and take appropriate actions, including disciplinary measures and prosecution of culpable officers.

Additionally, the respondents are required to provide Sharif’s family with updates on the ongoing investigation. The judge declared that the unlawful shooting by Kenyan police officers violated Sharif’s rights to life, equal benefit, dignity, and protection under the law.