The High Court sitting in Kajiado has awarded Sh10 million to the family of slain Pakistani journalist Arshad Sharif, who was mistakenly shot dead by Kenyan police officers in October 2022.
In her judgment, Justice Stella Mutuku ruled that the use of lethal force against Sharif by shooting him in the head was unlawful and unconstitutional. The judge faulted the Attorney General, the Director of Public Prosecutions, and other investigating agencies for their laxity in concluding the probe and charging the police officers responsible for Arshad’s death.
The court ordered the respondents, which include the Attorney General, the DPP, the Inspector General of Police, the Independent Policing Oversight Authority, and the National Police Service Commission, to conclude the investigation and take appropriate action, including disciplinary action and prosecution of the officers found culpable. The court also ordered the respondents to supply the petitioners with an update on the status of the investigations.
The judge issued a declaration that the unlawful shooting leading to Arshad’s death by Kenya police officers in Kajiado County violated his right to life, equal benefit and protection of law, and right to dignity.
The Sh10 million award was, however, suspended for 30 days after the state, through advocate Augustine Kipkuto, informed the court that they were not in a position to make the payment immediately, as the funds were public and arrangements needed to be made.
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