The Lower Eastern Times Opening The Third Eye
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The shooting of Pakistani journalist Arshad Sharif in Kajiado by police in 2022 was arbitrary and unconstitutional, the High Court has ruled.
Justice Stella Mutuku said the shooting on October 23, 2022 violated his right to life, right to equal benefit and protection of the law and right dignity, among others.
The judge ordered the government to pay the family Sh10 million as compensation for the loss of life, although she suspended the monetary compensation for 30 days to allow the government appeal against the decision.
“In view of the analysis above. I find that the respondents, jointly and severally through their actions violated the rights of the petitioners,” the judge said adding that the family should be updated on the status of the investigations and appropriate action to be taken against the police officers found culpable.
The widow, Ms Javeria Sidique sued the Attorney General Justin Muturi, Inspector General of Police Japhet Koome, Director of Public Prosecutions (DPP) Renson Ingonga and the Independent Policing Oversight Authority (IPOA), among others, accusing them of delaying investigations into the shooting and keeping the family in the dark concerning the probe.
The Pakistani journalist had fled his country in July 2022, to avoid arrest after allegedly criticising the country’s powerful military.
He was shot dead at Tinga area in Kajiado County in what the police later described as a case of mistaken identity.
Mr Sharif was a passenger in a Toyota Land cruiser KDG 200M and the police claimed to have been trailing a different vehicle, a Mercedes Benz Sprinter van KDJ 700F, allegedly stolen from Pangani.
The following day, she said the police boss admitted that police officers had “fatally wounded” Arshad Sharif in a case of “mistaken identity”.
The court ruled that Mr Sharif was subjected to torture as his life was cut short without a just cause.
Justice Mutuku further directed the police to conclude the investigations into the killing and appropriate action to be taken against the officers found culpable.
