A Kenyan court has awarded 10 million shillings ($78,000; £61,000) in compensation to the widow of Arshad Sharif, a prominent Pakistani journalist who was fatally shot by police at a roadblock nearly two years ago. Known for his outspoken criticism of Pakistan’s military and political corruption, Sharif had received death threats that he reported to Pakistan’s highest court before fleeing the country to seek safety abroad.
The killing of the father-of-five in the Kenyan town of Kajiado sparked widespread outrage, exacerbated by what many viewed as a sluggish response from officials. This prompted condemnation from United Nations experts directed at both Kenya and Pakistan. Initially, Kenyan police defended the incident as a case of mistaken identity. However, Sharif’s widow, Javeria Siddique, asserted that it was a contract killing orchestrated on behalf of an unnamed individual in Pakistan.
Delivering the verdict on Monday, Justice Stella Mutuku of the Kajiado High Court ruled that Kenyan authorities had acted unlawfully and violated Sharif’s fundamental right to life. As a result, the court awarded compensation to Ms. Siddique along with interest until full payment is made.
“Loss of life cannot be compensated in monetary terms nor can the pain and suffering endured by the family be adequately addressed. However, compensation is recognized as an appropriate remedy for redress in cases of fundamental rights violations,” stated Justice Mutuku during the ruling.
The court also criticized Kenya’s director of public prosecutions and the independent policing oversight authority for failing to prosecute the two police officers involved in the shooting. It has ordered both bodies to expedite investigations and bring charges against the officers.
In response to the ruling, Ochiel Dudley, the lawyer representing Ms. Siddique, described it as a victory for the family and for Kenyans seeking accountability from law enforcement.
Expressing gratitude to the Kenyan judiciary, Ms. Siddique acknowledged the relief brought by the ruling but emphasized her ongoing quest for justice for her late husband. “This ruling has brought some relief to me and my family, but I will continue to pursue maximum justice for my husband,” she affirmed.
The BBC sought the response of Kenyan authorities regarding the court’s decision. Police had provided conflicting accounts of the circumstances surrounding Sharif’s death. One version claimed that officers mistook the Toyota Land Cruiser in which Sharif was traveling for a stolen vehicle. Another account suggested that a passenger in the vehicle had fired shots, prompting officers to respond with gunfire.
Similar to her late husband, Ms. Siddique is a journalist and filed the lawsuit with the support of the Kenya Union of Journalists and the Kenya Correspondents Association in October last year. Their aim was to secure transparency, an apology, and accountability from Kenyan authorities for what they deemed as Sharif’s “targeted assassination.”
Ms. Siddique noted that she continues to face challenges in obtaining justice for her husband in Pakistan but remains committed to advocating for the protection of journalists. She plans to seek assistance from international bodies such as the United Nations and the Committee to Protect Journalists in her pursuit of justice.
The case has highlighted broader issues concerning police accountability and the safety of journalists worldwide. It underscores the risks journalists often face when reporting on sensitive topics such as corruption and human rights abuses.
Looking ahead, the compensation awarded by the Kenyan court marks a significant step in acknowledging the wrongful death of Arshad Sharif and holding accountable those responsible. It also serves as a reminder of the critical role of an independent judiciary in upholding human rights and ensuring justice in cases of violence against journalists.
As Ms. Siddique continues her fight for justice, her determination resonates with those advocating for press freedom and accountability in both Kenya and Pakistan. The outcome of this case will likely have lasting implications for efforts to safeguard journalists and uphold the rule of law in the face of adversity.
