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

In her ruling, Justice Stella Mutuku stated that the Kenyan police’s use of lethal force against Sharif, including shooting him in the head, which was unlawful and unconstitutional.

The judge criticized the Attorney General, the Director of Public Prosecutions, and other investigative agencies for their delay in concluding the investigation and charging the police officers responsible for Sharif’s death.

Justice Mutuku determined that the sstate agencies cannot escape responsibility for Sharif’s death, as each of them has a role to play based on the relief sought by Sharif’s family in their petition.

Arshad Sharif’s wife Javeria Siddique through her lawyer, Advocate Dudley Ochiel, requested the court to order the Attorney General, Director of Public Prosecutions, Inspector General of Police, Independent Policing Oversight Authority, and the National Police Service Commission (the respondents) to provide her with copies of all documents, evidence, films, photographs, and video recordings in their possession related to Sharif’s shooting.

“By shooting the deceased in the circumstances described in this case and which shooting has been admitted save for allegation that it was mistaken identity, the respondents violated the rights of the deceased,” the judge said.

“The petitioners have persuaded the court that Arshad’s rights were violated,” the judge said.

“The loss of life cannot be compensated in monetary terms nor is the pain and suffering the family must have gone through. But there’s consensus that compensation is appropriate remedy for redress in violation of fundamental rights,” she added.

In her ruling, the judge issued a mandatory order compelling the respondents (the Attorney General, Director of Public Prosecutions, Inspector General of Police, Independent Policing Oversight Authority, and the National Police Service Commission) to conclude their investigation and take appropriate action, including disciplinary measures and the prosecution of any police officers found culpable in the shooting and killing of Arshad Sharif in Kajiado on October 23rd.

The judge also issued an order requiring the respondents to provide the petitioners (Sharif’s family) with an update on the status of the ongoing investigations.

Furthermore, the judge declared that the unlawful shooting by Kenyan police officers violated his right to life, equal benefit, dignity rights and protection under the law.

The judge stated that it was unacceptable for the authorities to keep the deceased’s family in the dark without providing updates on the progress and outcome of the investigation into Sharif’s death.

Sharif’s escape from Pakistan and death

Sharif had allegedly fled his home country of Pakistan in July 2022 to avoid arrest for criticizing the country’s powerful military, only to be shot and killed in Kajiado, Kenya, which the police later described as a case of mistaken identity.

The police have admitted to killing Arshad Sharif, which occurred on October 23rd of last year.

The police claimed they were actually trailing a different vehicle, a Mercedes Benz Sprinter van with the license plate KDJ 700F, which they believed had been stolen from the Pangani area.

However, Arshad Sharif was traveling in a Toyota Land Cruiser (V8) with the license plate KDG 200M, not the vehicle the police were pursuing.

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SH10 million order temporarily suspended

The court had previously awarded a SH10 million judgment. However, this award was temporarily suspended for 30 days.

The state, represented by advocate Augustine Kipkuto, informed the court that they are currently unable to make the required payments at this time.

Kipkuto explained that the funds being sought are public money, and there is no budgetary provision for making this payment right now. He said arrangements would need to be made to facilitate the payment.

The judge granted Kipkuto’s application to temporarily suspend the order for compensation but did not fully overturn the original judgment awarding the 10 million shillings.