A Kajiado High Court awarded Sh10 million to the family of slain Pakistani Journalist Arshad Shariff who was mistakenly shot by Kenyan police in October 2022.
Justice Stella Mutuku said the use of lethal force against Shariff by shooting him on the head was unlawful and unconstitutional.
She faulted the Attorney General, the Office of Director of Public Prosecutions (ODPP) and other investigating agencies for their laxity in concluding the probe and charging police officers behind the death.
She said the state agencies named in the petition cannot escape responsibility in the death as they each have a role to play based on the reliefs sought by the family.
Advocates Dudley Ochiel for the widow Javeria Siddique wanted the court to issue an order compelling the Attorney General, ODPP Inspector General of police, Independent Policing Oversight Authority and the National Police Service Commission (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 to date not obtained any justice through investigations and prosecution of those responsible for the killing.
Shariff fled Pakistan in July 2022 to avoid arrest for criticizing the country’s powerful military.
Police admitted to the killing that occurred on October 2022.
The police claimed to have been trailing a different vehicle, a Mercedes Benz Sprinter Van allegedly stolen from Pangani.
But Shariff was in a Toyota Land cruiser when he was killed.
The judge said it was imprudent to keep the family of the deceased in the dark without updates of the progress of the probe and its outcome.
“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.
She said the journalist was subjected to torture and the AG can’t escape responsibility.
“The petitioners have persuaded the court that Shariff’s rights were violated.”
“Loss of life cannot be compensated in monetary terms nor is the pain and suffering the family must have gone through. But there is consensus that compensation is appropriate remedy for redress in violation of fundamental rights,” she added.
She subsequently issued a mandatory order compelling the respondents to conclude investigating and take appropriate action including disciplinary action and prosecution of the officers who shot and killed Shariff in Kajiado on October 23, 2022 if found culpable.
She also issued an order compelling the respondents to supply petitioners with the update of the status of the investigations.
She also issued a declaration that the unlawful shooting leading to Shariff’s death by Kenya police officers violated his right to life, equal benefit and protection of law and right to dignity.
The award for Sh10 million was however suspended for a period of 30 days after the state through advocate Augustine Kipkuto informed the court that thy are not in a state to make the payments now.
“The amount being sought are public funds. No provision for it now. Arrangements have to be made,” he said.
The judge allowed his application but only suspended the order on compensation.
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