Kenya was ordered to provide the widow of Pakistani journalist Arshad Sharif $78,000

The unconstitutional and arbitrary shooting of Pakistani journalist Arshad Sharif by a police officer in 2022 has been declared by a Kenyan court.

The murder of the scribe on October 23, 2022, infringed upon the scribe’s rights to life, equal protection under the law, and dignity, among other things, according to High Court Judge Stella Mutuku’s ruling on Monday.

The Kenyan government was consequently ordered by the judge to reimburse the family with Ksh10 million, or roughly $78,000. To give the government time to file an appeal against the ruling, she did, however, halt the financial advantage for 30 days.

“After considering the aforementioned analysis, I conclude that the respondents collectively and severally infringed upon the petitioners’ rights through their actions,” the judge declared, also stating that Sharif’s family ought to be informed about the progress of the investigations and the necessary measures to be taken against the police officers found to be at fault.

After reportedly criticizing the nation’s strong military administration, the 46-year-old Pakistani journalist moved to Kenya in July 2022 on a self-imposed exile to avoid being arrested.

He was shot and killed in the Tinga district of Kajiado County in an incident that the police subsequently labeled as a “mistaken identity” case.

The police said they opened fire on Sharif’s Toyota Land Cruiser, registration number KDG 200M, while the car was following a Mercedes Benz Sprinter van, registration number KDJ 700F, which was purportedly stolen from Pangani, a few kilometers from Nairobi’s central business district.

The judge declared the next day that Kenya’s Inspector-General of Police had acknowledged that one of his officers had “fatally wounded” Arshad Sharif in an instance of “mistaken identity.”

Attorney-General Justin Muturi, Inspector General of Police Japhet Koome, Director of Public Prosecutions Renson Ingonga, and the Independent Policing Oversight Authority (Ipoa) were among the defendants sued by the widow, Ms. Javeria Sidique, who claimed that they were holding up the inquiries into the shooting and not telling the family about them.

Sharif’s life was taken without a valid reason, the court said, and as a result, he was tortured.

Additionally, Judge Mutuku ordered the police to wrap up their investigation into the incident and to take the proper action against the policemen who were found to be at fault.

The judge ruled that police should not use force unless absolutely necessary and that no one’s right to life should be violated unless specifically authorized by law.

Sharif, she continued, was fully and equally enjoying his rights in Kenya, including the freedom and security of his person.

The widow submitted multiple letters regarding the investigation’s status to the government and its authorities, but the judge noted that she never received a response.

According to Justice Mutuku, the National Police Service and the other government entities sued in this case are obligated to defend the Constitution, good governance, and the rule of law.

Dudley Ochiel, the attorney for Sidique, contended that it was unlawful, unconstitutional, arbitrary, and disproportionate to use fatal force against Sharif by shooting him dead.

Sharif used to support his mother, his two wives, and their five children, as the widow disclosed in the suit.

She filed a lawsuit, claiming that she was concerned that the police officers who killed her husband were being covered up and that the Constitution was being broken by not looking into the incident, making an arrest, or carrying out legal action.