The High Court sitting in Kajiado on Monday ruled that the killing of Pakistani journalist Arshad Sharif by Kenyan police officers was unconstitutional.
Justice Stella Ngali Mutuku found that Kenya had violated Sharif's fundamental rights to life, dignity, and freedom from torture, and cruel, and degrading treatment.
“In view of the analysis above, I find that the respondents, jointly and severally through their actions violated the rights of the petitioners,” Lady Justice Mutuku said.
Shariff was allegedly executed by police officers on October 23, 2022.
The court has awarded the petitioner, representing Sharif's family, Ksh10 million in compensation, with interest accruing until full payment is made.
In addition to the compensation, the court criticized the Office of the Director of Public Prosecutions (ODPP) and the Independent Policing Oversight Authority (IPOA) for their failure to prosecute the two police officers involved in Sharif's execution.
The court found that both the ODPP and IPOA had violated Shariff's rights by not holding the responsible officers accountable.
The court has ordered the ODPP and IPOA to conclude their investigations promptly and to charge the two officers involved in the execution.
Sharif was killed in Kajiado, Kenya when local police allegedly shot at the car he was travelling in after the vehicle failed to stop at a roadblock.
In October 2023, Javeria Siddique, the widow of slain journalist Arshad Sharif filed a lawsuit against the Kenya Police after her husband was allegedly murdered within the country's borders.
Siddique filed the lawsuit at a Nairobi Court suing the General Service Unit (GSU) which she blames for the death of her husband.
In her lawsuit, Siddique wanted the court to compel Attorney General Justin Muturi, the National Police Service and the Director of Public Prosecutions (DPP) Renson Ingonga to punish and prosecute the police officers involved in the murder.
Siddique also wanted the court to direct the Attorney General to issue a public apology and take responsibility for her husband's murder within 7 days of the court's order.
“I am suing the GSU because they committed the crime openly, then admitted that it was a case of mistaken identity. But for me it was a targeted assassination because he was living in hiding in Kenya after receiving threats in Pakistan,” Siddique told AP.
The widow stated that the Kenyan government never issued an apology nor tried to reach out to the family in any way.
