Court of Appeal to deliver ruling on Arshad Sharif murder case on June 21
Arshad, a prominent Pakistani journalist, fled his home country citing threats to his life before being shot dead by Kenyan police.
A three-judge bench of the Court of Appeal will deliver a ruling on the Pakistani journalist Arshad Sharif's murder case on June 21
Judges Daniel Musinga, Francis Tuiyott, and Mumbi Ngugi are presiding over the case.
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The appeal was lodged by Arshad's widow, Javeria Siddique, against the stay order obtained by the Kenyan government, which halted the implementation of the High Court’s July decision calling for action against those involved in Arshad’s killing.
Representing Javeria was Barrister Ochiel Dudley, with the Kenya Union of Journalists also joining the case in support of justice for the murdered journalist.
"Article 23 grants the right to appropriate remedies, including fair and adequate compensation. In this case, the court awarded Sh10 million, which is insufficient. We therefore propose a compensation of Sh250 million, based on the Owino-Uhuru case and the fact that justice has been delayed far longer than necessary," stated Dudley.
Dudley further submitted that the state had refused to share information concerning the investigation with Javeria, despite repeated requests. According to the counsel, this violated Articles 21(3) and 35 of the Constitution, which protect the rights of vulnerable individuals.
In response, Counsel Festus Kinoti, representing the Independent Police Oversight Authority (IPOA), argued that the authority should be absolved of any wrongdoing, as its role is limited to making recommendations rather than exercising disciplinary action.
Kinoti also refuted claims of information sabotage, stating that the state had used official state-to-state mechanisms to share investigation details with the Pakistani High Commission.
"By May 29, 2023, the investigation had been completed, and the findings had been submitted to the relevant authorities. There is therefore no question of delayed investigations or refusal to share information, given that it had been barely a year since the incident," said Kinoti.
The counsel for the respondents, who include the Inspector General of Police, also argued that the plaintiff should file a separate civil case to seek an upward revision of the initial Sh10 million award.
The legal battle over Arshad’s killing has continued to attract scrutiny, particularly due to the sluggish response by authorities in both Kenya and Pakistan.
The Supreme Court of Pakistan recently expressed frustration over the lack of progress in the case, criticising the government’s inability to finalise the Mutual Legal Assistance (MLA) agreement signed with Kenya in December last year.
A six-judge bench, led by Justice Aminuddin Khan, voiced concerns over the delays, with Justice Jamal Khan Mandokhail questioning whether daily progress reports should be required to expedite the matter.
Arshad, a prominent Pakistani journalist, fled his home country citing threats to his life before being shot dead by Kenyan police.
Authorities in Kenya initially reported that the incident was a case of mistaken identity, stating that police opened fire on the vehicle he was in after it failed to stop at a roadblock set up to apprehend suspected car thieves.
However, this explanation was met with widespread scepticism and calls for an independent and transparent investigation.
IPOA then launched an investigation into the killing, with then-chairperson Ann Makori confirming that a rapid response team had been deployed.
Since then, Arshad’s widow, Javeria Siddique, has continued her fight for justice.
In an emotional statement before the Supreme Court of Pakistan just four days ago, she pointed out that while Kenya had appealed the court’s ruling calling for action against the implicated officers, Pakistan had yet to take an active role in challenging this decision.
The Pakistani Attorney General, in response, claimed that the lack of access to the crime scene had hampered investigations and that only a formalised MLA agreement would allow Pakistan to engage effectively with Kenyan authorities.
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