Kenyan court declares police actions in Arshad Sharif killing were ‘unlawful’

Kenya’s Court of Appeal on Thursday partially upheld an appeal filed by Javeria Siddique, the widow of slain Pakistani journalist Arshad Sharif, over the failure to enforce legal action against those responsible for his killing. The court ordered the Independent Policing Oversight Authority (IPOA) to pay 10 million Kenyan shillings to Sharif's wife in damages for its inaction.

According to the court judgment, the appellate court found that IPOA had not met its legal obligations and failed to provide Siddique with timely and sufficient updates on the investigation into her husband’s assassination .

The court directed the authority to submit a written report within 30 days to both Javeria Siddique and the Kenya Correspondents Association. 

However, the court dismissed a cross-appeal filed by Siddique and several journalist organisations seeking a public apology, further financial compensation, initiation of criminal proceedings, and dismissal of the police officers involved.

The judges ruled that the trial court was not wrong in rejecting the additional reliefs sought, including an apology or orders for prosecution.

The judgment came in response to an appeal filed by IPOA, challenging an earlier decision by the High Court.

Read: Javeria Siddiqui awaits justice for her slain husband Arshad Sharif

IPOA, a statutory body responsible for investigating public complaints against the police, argued that certain demands exceeded its legal mandate.

The court clarified in its judgment that it is not within the jurisdiction of the court to order such measures, but rather that this authority is vested in the relevant investigative and legal bodies.

The court also said that while IPOA can be held accountable within the scope of its statutory authority, it cannot be forced to undertake actions beyond its jurisdiction.

It is worth recalling that in March 2025, the High Court had reserved judgment on a petition challenging the failure to implement previous court orders, including the punishment of the police officers involved in Sharif’s killing.

Earlier, in July 2024, a Kenyan court had ordered criminal proceedings against two police officers following a petition by Javeria Siddique. The court also acknowledged that her constitutional right to information about the investigation had yet to be fulfilled.

Check: Kenyan govt ordered to pay Rs21.7 million compensation to Arshad Sharif's family

Despite the July 2024 ruling, the decision has not been implemented, prompting Siddique to return to court after the Kenyan government sought a stay order.

Arshad Sharif was shot by Kenyan police on October 23, 2022, in what authorities later described as a case of mistaken identity. While the officers involved were initially detained, they were eventually reinstated.

The criminal proceedings ordered by the court against the police officers remain pending.