The High Court in Kajiado has ruled that the Kenyan government violated the fundamental rights of Pakistani journalist Arshad Shariff, who was fatally shot by police officers on October 23, 2022.
The court determined that Shariff’s right to life, dignity, and freedom from torture, cruel, and degrading treatment had been grossly infringed upon. Consequently, the court has awarded the petitioner KES 10 million, plus interest until the full payment is made.
The court further admonished the Director of Public Prosecutions (DPP) and the Independent Police Oversight Authority (IPOA) for their failure to prosecute the officers involved in the extrajudicial killing. Both the DPP and IPOA have been ordered to expedite their investigations and bring charges against the two police officers responsible for Shariff’s death.
Arshad Shariff’s tragic death occurred in Kajiado, Kenya, under contentious circumstances. Initially described by Kenyan police as a case of “mistaken identity,” the incident quickly drew widespread suspicion and outrage. Shariff, a well-known Pakistani journalist, had fled his home country amidst escalating threats from senior Pakistani military officials. His criticism of the Pakistani military’s role in the ousting of former Prime Minister Imran Khan had allegedly put him in the crosshairs of powerful military figures, including then-Army Chief General Bajwa and ISI head Nadeem Anjum.
Shariff’s mother and wife have vocally accused the Pakistani military of orchestrating his murder, claiming that Shariff was under constant threat and surveillance, which ultimately forced him to leave Pakistan and later Dubai under duress. These allegations, although serious, have not led to any formal investigation or filing of charges by Pakistani authorities.
Following the incident, the Kenyan Independent Police Oversight Authority (IPOA) launched an investigation, but progress has been slow and mired in controversy. The situation prompted Pakistan’s Prime Minister Shehbaz Sharif to form an inquiry committee to probe the circumstances of Shariff’s death. The two-member committee, comprising high-ranking officials from Pakistan’s Federal Investigation Agency and the Intelligence Bureau, traveled to Kenya to gather evidence and interview witnesses.
The findings of Pakistan’s Fact-Finding Report, released in December 2022, supported claims that Shariff’s murder was premeditated. The report highlighted discrepancies in the account of events given by Khurram Ahmed, a key suspect who was with Shariff at the time of his death, and noted inconsistencies in the ballistic evidence.