Kajiado High Court has ordered the government to compensate Javeria Siddique, widow of Pakistani journalist Arshad Sharif, with Sh10 million for his death.
This is after Justice Stella Mutuku found that the killing of the foreign journalist in Kajiado County on October 23, 2022, was unlawful and unconstitutional.
“The use of lethal force against Shariff by shooting him on the head was arbitrary and unproportionate, unlawful and unconstitutional,” Justice Mutuku stated.
Justice Mutuku also found that the unlawful shooting leading to Shariff’s death by Kenya police officers in Kajiado County violated his right to life, equal benefit and protection of law, and right to dignity.
“To my mind shooting the deceased in the circumstances disclosed in the petition and whose shooting has been admitted safe for the allegation it was a mistaken identity, the respondents violate the rights of the deceased under Articles 26,27,28,29 of the constitution.”
While delivering her judgment, Mutuku said Sharrif was subjected to torture and the government can’t escape responsibility.
“It is my find that AG being the government advisor can not escape responsibility by claiming the functions of that office exempt his office from any responsibility in the killing of Sharif,” Mutuku stated.
Mutuku faulted the Attorney General, the Director of Public Prosecution (DPP) and other investigating agencies for their delay in concluding the probe and charging police officers from the elite police unite -General Service Unit (GSU) who are said to be behind the journalist’s death.
Sharif was shot by police in Kajiado County on October 23, 2022, allegedly under mistaken circumstances.
Javeria Siddique filed a lawsuit against Kenyan authorities exactly a year later, naming the Attorney General, the National Police Service, and the DPP as defendants.
She sought acknowledgement of responsibility, transparency, and an apology for her husband’s death.
Through lawyer Dudley Ochiel, Siddique sought court intervention since IPOA, DPP, and the Inspector General’s have continuously refused to comply with her repeated requests for information on the status of the investigation on her husband’s killing.
“Shooting Sharif dead and failing to investigate that shooting or to offer his family remedies, nearly a year later, violates Article 47 guaranteeing expeditious and fair administrative action besides Article 50 on fair hearing,” Ochiel had told the Judge.
Siddique wanted the court to issue an order compelling the AG DPP, IPOA, NPS (respondents) to supply her with copies of all documents or evidence including but not limited to films, photographs, videotapes in their custody relating to the shooting in question.
She argued that they have not obtained any justice through investigations and prosecution of those responsible for the killing.
Sharif allegedly fled his motherland in July 2022 to avoid arrest for criticizing the country’s powerful military only to be shot dead in Kajiado, in what the police later described as a case of mistaken identity.
Police admitted to the killing that occurred on October 23 last year.
The police claimed to have been trailing a different vehicle, a Mercedez Benz Sprinter Van KDJ 700F allegedly stolen from Pangani.
But Sharif was in a Toyota Landcruiser (V8) KDG 200m.
In her decision, the judge blamed the AG, IG, and other investigating agencies for failure to update the family of Shariff on the investigations and recommendations made regarding the status of the investigation or any actions taken against the perpetrators of the fatal shooting
“It was not prudent on the part of the respondents to keep the family of the deceased in the dark on the updates on the progress of investigations and the outcome of that investigation,” She stated.
judge issued a mandatory order compelling the respondents to conclude the investigations and take appropriate action including disciplinary action and prosecution of the officers who shot and killed Shariff if found culpable.
She also issued an order compelling the government to supply petitioners with an update on the status of the investigations.
The award for Sh 10 million was however suspended for 30 days after the state through advocate Augustine Kipkuto informed the court that they are not in a state to make the payments now.
“Amount being sought are public funds. No provision for it now. Arrangements have to be made,” he said.
The Judge allowed his application but suspended the order on compensation only.
