Court Upholds Sh10 Million Compensation for Widow of Pakistani Journalist Arshad Sharif Killed by Kenyan Police

The Court of Appeal has affirmed a landmark ruling ordering the Kenyan government to pay Sh10 million in compensation to the family of Pakistani journalist Arshad Sharif, who was fatally shot by police officers at a roadblock three years ago.

Sharif, a prominent TV presenter known for his sharp criticism of Pakistani political leaders, was killed on October 23, 2022, while traveling as a passenger along Magadi Road in Kajiado County. The 49-year-old journalist had been living in self-imposed exile in Kenya for two months before the tragic incident occurred at around 9pm at Tinga Market.

In a significant development, the three-judge bench comprising Justices Daniel Musinga, Mumbi Ngugi, and Francis Tuiyott absolved the Independent Policing Oversight Authority (Ipoa) from liability, finding that the oversight body had fulfilled its investigative mandate by recommending prosecution of the officers involved to the Director of Public Prosecutions.

“Having made its recommendations on May 29, 2023 to the DPP, Ipoa had fulfilled its investigative mandate; the ball now lay in the DPP’s court,” the judges ruled, shifting responsibility for the failure to prosecute to the DPP’s office.

The court rejected appeals from both sides regarding the compensation amount.

While Ipoa argued the Sh10 million award was excessive, Sharif’s widow Javeria Siddique, together with the Kenya Union of Journalists and Kenya Correspondents Association, had sought an increase to Sh250 million.

The appellate court found the original award appropriate given the limited financial information provided about Sharif’s income and dependents.

Despite upholding the compensation order, the court declined to issue mandatory orders compelling the prosecution of the two police officers involved or disciplinary action against them, citing the constitutional independence of the DPP’s prosecutorial mandate.

Sharif left behind a mother, two wives, and five children, underscoring the human cost of the incident that sparked international attention on press freedom and police conduct in the region.

The court has ordered Ipoa to provide updates on its investigations and recommendations within 30 days, though the fundamental question of justice for Sharif’s killing remains unresolved nearly three years after his death.