The High Court has ruled that the killing of Pakistani journalist Arshad Sharif by Kenyan police officers in October 2022 was unlawful and unconstitutional.
In a ruling on Monday, July 8, Justice Stella Mutuku said the killing violated the Pakistani national’s right to life, equal benefit, and protection of the law and dignity.
"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," Justice Mutuku stated.
The High Court judge ordered the state to pay Sh10 million to Sharif's family as compensation for the loss of life.
However, Justice Mutuku suspended the compensation for 30 days to allow the state to appeal the decision.
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She criticised the Office of the Attorney General, the Office of the Director of Public Prosecutions (ODPP) and the Independent Policing Oversight Authority (IPOA) for failing to complete investigations and charge police officers behind the death of the Pakistani national.
Justice Mutuku ordered the three agencies to complete their investigations and take appropriate action against the officers who shot and killed Sharif.
The Pakistani journalist was shot dead in October 2022 after the vehicle he was travelling in allegedly failed to stop at a roadblock in the Tinga area of Kajiado County.
Police later said the shooting was a case of mistaken identity. Police claimed they were chasing a Mercedes Benz Sprinter Van KDJ 700F, allegedly stolen from Pangan, but Sharif was a passenger in a Toyota Landcruiser (V8) KDG 200m.
