Kenyan court holds police responsible for Arshad Sharif murder

The High Court in Kajiado, Kenya has hold its police responsible for the unlawful murder of renowned Pakistani journalist Arshad Sharif and ordered the payment of 10 million Kenyan shillings to his family.

The anchor was mistakenly shot and killed by Kenyan police officers in October 2022.

Justice Stella Mutuku stated that police officials use lethal force against Sharif and shot 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.

He determined that the state agencies cannot escape responsibility for Sharif’s death. The judge ordred all agencies involved in the incident to play role 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 and other authorities to provide all evidence in their position related to the shooting incident.

“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.

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.