Court of Appeal upholds Sh10 million compensation to widow of Pakistani journalist killed in Kenya

The Court of Appeal has upheld a High Court decision ordering the state to pay Sh10 million in compensation to the family of Pakistani journalist Arshad Sharif, who was shot dead by police at a roadblock in 2021.

Arshad, a father of five and a TV anchor known for his outspoken criticism of Pakistan’s military leadership and political corruption, had fled his home country after receiving death threats, which he had reported to Pakistan’s top judge.

The Kajiado High Court found that Kenyan authorities had acted unlawfully and violated Arshad’s right to life, and awarded compensation to his widow, Javeria Siddique, 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. But there is consensus that compensation is an appropriate remedy for redress in cases of violation of fundamental rights,” ruled Justice Stella Mutuku.

The judge further ruled that Kenya’s Director of Public Prosecutions (DPP) and the Independent Policing Oversight Authority (IPOA) had violated Arshad’s rights by failing to prosecute the two police officers involved. The court has now directed both bodies to conclude investigations and charge the officers.

Kenyan police had argued it was a case of mistaken identity, claiming Arshad, 49, was travelling in a Toyota Land Cruiser resembling a stolen vehicle they were pursuing. They also alleged that one of the car’s passengers had opened fire, prompting officers to return fire.

However, Arshad’s widow maintained that it was a contract killing carried out on behalf of an unnamed individual in Pakistan. The court noted that police had provided conflicting accounts of the circumstances surrounding Arshad’s death.

Javeria filed the case jointly with the Kenya Union of Journalists and the Kenya Correspondents Association. Together, they sought transparency, an apology, and accountability from Kenyan authorities for what they described as Arshad’s targeted assassination.

Arshad's killing in Kajiado, just two months after fleeing Pakistan, sparked outrage and drew criticism from UN experts, who condemned the slow response by officials in both Kenya and Pakistan.

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