NAIROBI ( WNAM MONITORING): Kenya’s Supreme Court on Friday dismissed an appeal filed by the widow of slain Pakistani journalist Arshad Sharif, declining her request to compel the prosecution of police officers involved in his fatal shooting.
It also refused to increase a KSh10 million (about $77,000) compensation award previously granted to the family.
Sharif, a prominent Pakistani television journalist who moved to Kenya in self-exile, was shot dead by police in Kajiado County, about 80 kilometers (50 miles) south of Nairobi, on Oct. 23, 2022.
In its judgment, the Supreme Court found that the fatal shooting violated Sharif’s constitutional right to life but upheld an earlier Court of Appeal ruling that awarded his family KSh10 million in general damages.
“The court finds that the reckless, fatal shooting of the deceased was a clear violation of his right to life, which is sacrosanct under the Constitution and international law,” the judges said.
Sharif’s widow, Javeria Siddique, had asked the country’s highest court to order the prosecution of officers involved in the shooting and to increase the damages awarded by the High Court.
However, the judges rejected the appeal, observing that the Kenyan Constitution protects the independence of prosecutorial decision-making from external direction or control.
Siddique, reacting to the judgment, said the court had confirmed the killing of Sharif by Kenyan police was an unlawful violation of the right to life.
“But it (the court) declined to order prosecution, apology or to call the killing torture. No arrests. No accountability,” Siddique said on US social media company X. “Four years later, we have a court declaration, but still no justice.”
Sharif was shot and killed by Kenyan police, who reportedly mistook the vehicle he was traveling in for one linked to criminal activity.
Kenyan authorities later described the killing as a case of mistaken identity.
The case drew international attention and strained relations between Kenya and Pakistan, with Sharif’s family, media organizations and human rights groups repeatedly calling for accountability over the killing.
The court also declined to interfere with findings by the Independent Policing Oversight Authority (IPOA), concluding that the police watchdog had properly discharged its mandate.
On compensation, the judges held that the award of damages was a matter of judicial discretion and found no basis to disturb the decisions of the lower courts.
In February, Pakistan’s Federal Constitutional Court also disposed of a suo motu case related to Sharif’s killing, referring to mutual legal assistance with Kenya.
“We are of the view that the authorities of both countries are taking appropriate action under their respective laws… Therefore, there is no need for any judicial interference in this regard when the law and investigation are taking their due course,” the court had said.
The Supreme Court bench took up the suo motu case in December 2022, but it was later transferred to the Federal Constitutional Court, which was established under the 27th Constitutional Amendment in 2025.
