Kenyan court declares police killing of Pakistani journalist unlawful

A Kenyan court ruled Monday that police acted unlawfully in the 2022 killing of a Pakistani journalist, following a complaint filed by his widow, lawyer and local media.

Arshad Sharif, a vocal critic of Pakistan's powerful military and supporter of former Prime Minister Imran Khan, was shot in the head when Kenyan police opened fire on his car in October 2022.

His widow, Javeria Siddique, and two groups of journalists in Kenya filed a lawsuit last year against senior police and judicial officials for the “arbitrary and unlawful killing” of Sharif and “the defendants' subsequent failure to investigate.”

On Monday, the High Court in Kajiado, a town south of Nairobi, dismissed a police complaint that the killing was due to mistaken identity and that officers believed they had fired on a stolen vehicle involved in a kidnapping.

Judge Stella Mutuku ruled that Sharif's killing was unconstitutional and that his rights to life and protection had been violated, Kenyan media reported.

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“I find that the respondents, jointly and severally, by their actions, have violated the rights of the petitioners,” Mutuku said, according to The Nation.

Siddique's lawyer, Ochiel Dudley, confirmed the court's decision to AFP, describing it as an “excellent precedent for police accountability”.

He said the judgment found that “Kenya violated Arshad Sharif's right to life, dignity and protection from torture and cruel and degrading treatment.”

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He said the court had ordered the government to pay 10 million Kenyan shillings ($78,000) in compensation.

The Kenyan court said the office of the Director of Public Prosecutions and the Independent Police Oversight Authority had violated Sharif's rights by failing to prosecute the two officers involved, Dudley added.

He ordered both institutions to conclude their investigations and charge the two officers, he said.

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Sharif fled Pakistan in August 2022, days after interviewing a senior opposition leader who said junior officers in the Pakistani military should disobey orders that went against “the will of the majority.”

The country has been ruled by the military for several decades during its 75-year history and any criticism of the security services has long been considered a red line.

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