The ruling comes following nearly two years of advocacy from one of Sharif’s widows, Javeria Siddique, the PFUJ, KUJ, the Kenya Correspondents Association, and the media communities of Pakistan and Kenya. In the ruling posted by Siddique to social media platform ‘X’, Justice S N Mutuku found that the use of legal force against Sharif was “arbitrary, unproportionate, unlawful and unconstitutional”.
Justice Mutuku further found that the Kenyan Independent Policing Oversight Authority and the Office of the Director of Public Prosecutions had violated Sharif’s constitutional rights by failing to conclude their investigations or prosecute two officers directly involved in the killing. Geo TV reported in October 2023 that five officers involved in the journalist’s death were still receiving benefits from Kenyan authorities. The court ordered a payment of KSH 10,000,000, or approximately USD 77,000, to the journalist’s family.
The journalist was killed at a roadblock while driving to Nairobi, Kenya after officers in the General Service Unit, an armed branch of the Kenya Police Service fired nine shots into his vehicle. Kenyan police claimed the killing was due to a ‘mistaken identity’, and expressed regret for the incident.
Sharif fled Pakistan in 2022 following the registration of multiple sedition charges against him and his colleagues at Pakistani broadcaster ARY News. Sharif was known as an ardent supporter of former Prime Minister and founder of the Pakistan Tehreek-e-Insaf (PTI) Imran Khan.
Javeria Siddique, one of Sharif’s wives, filed the lawsuit against Kenyan law enforcement and legal authorities in October 2023 seeking accountability, an apology, and the acceptance of responsibility for his killing. Proceedings in Pakistan faltered in March 2023, with investigators claiming Kenyan authorities had restricted access to case materials.
The KUJ said:“KUJ as one of the parties in the case welcomes the verdict and urges the government to move with speed and compensate the family as the court directed.”
The PFUJ said:“The Court decision has confirmed our stance that Arshad Sharif was murdered. While this has given justice at the initial stage, the real culprits behind this murder are yet to be determined. PFUJ President GM Jamali and Secretary General Rana Muhammad demand the authorities in Pakistan to investigate and hold the real culprits those responsible to account. The government must implement concrete measures so that such incidents are not repeated.”
The IFJ said:“While the Federation welcomes the court’s decision to grant the family of Arshad Sharif compensation, this is only a partial justice. Pakistani and Kenyan authorities must ensure that the terms of the ruling are executed in full, and that the police officers responsible for Arshad Sharif’s death do not escape with impunity.”