Kenyan court announces verdict in Arshad Sharif murder case

A Kenyan high court has declared the 2022 police killing of Pakistani journalist Arshad Sharif unlawful and ordered authorities to initiate criminal proceedings against the two police officers involved, according to the lawyer representing Sharif’s widow.

Sharif, a vocal critic of Pakistan’s powerful establishment and a staunch supporter of Imran Khan, Pakistan’s former prime minister, left Pakistan in August 2022 after facing sedition charges. These charges arose from an interview with an opposition politician who encouraged junior officers in Pakistan’s military to disobey orders that contradicted “the will of the majority.”

The popular primetime anchorman was killed in Kenya on October 23, 2022. Initially, Kenyan media reported that Sharif was shot dead by police due to “mistaken identity.” Later reports suggested that a man in Sharif’s car had opened fire on officers of the Kenyan Paramilitary General Service Unit at the time of the shooting.

Sharif’s widow, Javeria Siddique, along with the Kenya Union of Journalists and Kenya Correspondents Association, filed a complaint last year against top Kenyan officials for the “arbitrary and unlawful killing” and their “failure to investigate.” After three hearings, the court reserved its verdict on May 8, which was announced today.

“The Kenyan High Court has declared the killing unlawful, ordered the Independent Policing Oversight Authority (IPOA) and the Director of Public Prosecutions (DPP) to complete the pending investigation, charge both policemen involved, and produce them before the court,” said Ochiel Dudley, the lawyer representing Sharif’s widow.

The court ruled that the DPP and IPOA violated the victim’s rights by failing to prosecute the two police officers, stating that “Kenya violated Sharif’s right to life, dignity, and freedom from torture, cruel and degrading treatment.” The court ordered the state to pay 10 million Kenyan shillings ($78,000) with interest to the victim’s family.

As a lawyer, Dudley emphasized that he sought a declaration from the court that the killing was unlawful, violating both Kenyan and international laws. “The court reiterated that the use of extreme force is an extreme measure and should only be used as a last resort, when the life of another is in danger,” he added.

Sharif’s widow, Siddique, praised the Kenyan court for delivering the verdict within a year. “Today’s decision is very welcome because Arshad’s case has not been heard by the court in Pakistan for a year, but the Kenyan court has decided the case in less than a year,” she told Arab News. She expressed gratitude that the court had accepted all her pleas.

“The most important aspect is that the court accepted that Sharif’s killing was not a result of mistaken identity, but rather a targeted killing,” Siddique said. “This decision will be very significant in ensuring freedom of the press and freedom of expression in the future.” She further claimed that the Kenyan policemen were “hired killers” and demanded Pakistani authorities take action against the mastermind behind Sharif’s killing.

Sharif, who had fled to Kenya citing threats to his life in Pakistan, was killed on the outskirts of Nairobi. His death shocked journalists and the public in Pakistan, where Sharif had a large following.

Last year, Pakistan’s then interior minister Rana Sanaullah indicated that there was evidence suggesting Sharif’s death was a targeted killing, based on initial findings from a team of Pakistani investigators who visited Kenya. Sanaullah also noted that Sharif’s body had bruises and torture marks.

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