The High Court in Kajiado has awarded Sh10 million in compensation to the family of Pakistani journalist Arshad Sharif, who was mistakenly shot dead by Kenyan police officers in October 2022.
The ruling, delivered by Justice Stella Mutuku, condemned the use of lethal force and criticized state agencies for their slow and inadequate handling of the investigation.
Justice Mutuku declared that the shooting, which involved Sharif being fatally shot in the head, was both unlawful and unconstitutional.
“The respondents violated the rights of the deceased by shooting him under the circumstances described in this case, which has been admitted save for the allegation of mistaken identity,” she stated.
The tragic incident occurred on October 23, 2022, in Kajiado County.
Sharif, who had fled Pakistan in July 2022 to escape potential arrest for criticizing his country’s powerful military, was mistakenly targeted by police. The officers claimed they were trailing a different vehicle, a stolen Mercedes Benz Sprinter Van, but ended up shooting Sharif, who was in a Toyota Land Cruiser.
The judge pointedly criticized the Attorney General, Director of Public Prosecutions, Inspector General of Police, Independent Policing Oversight Authority, and the National Police Service Commission for their laxity in investigating the shooting and keeping the family informed about the probe’s progress.
The court has issued a mandatory order requiring the responsible agencies to conclude their investigation and take appropriate actions, including disciplinary measures and prosecution of the officers involved if they are found culpable. The judge also mandated that the family receive updates on the status of the investigation.
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