The Court of Appeal has overturned a High Court ruling that discovered the Independent Policing Oversight Authority (IPOA) collectively chargeable for the killing of Pakistani journalist Arshad Sharif, who was shot useless by Kenyan police in October 2022.
In a ruling delivered by a three-judge bench comprising Justices Daniel Musinga (President), Mumbi Ngugi, and Francis Tuiyott, the appellate court docket put aside the discovering that IPOA was collectively and severally liable with different state companies for violating Sharif’s widow Javeria Siddique’s rights, stating that the Authority had fulfilled its mandate by investigating and recommending the prosecution of the officers concerned.
“In light of the above matters, we set aside the finding of the trial court and the resulting orders that IPOA was jointly and severally liable with the other state organs for violation of the 1st -3rd respondents’ rights, and in damages to the 1st respondent in the sum of Kshs 10,000,000,” stated the court docket.
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IPOA Ordered to Give Update on Sharif’s Death Investigation
While absolving IPOA of legal responsibility, the Court of Appeal directed the authority to replace the petitioners inside 30 days on the standing of its investigation into Sharif’s dying. IPOA is required to reveal the suggestions it made to the Director of Public Prosecutions (DPP) and the response it obtained.
However, the court docket declined to compel the DPP or different state actors to prosecute the officers concerned, noting that IPOA had accomplished its mandate and that the DPP should independently determine, underneath Article 157 of the Constitution, whether or not to press prices.
The judges additionally declined to order the Attorney General to problem a public apology or take accountability for the deadly capturing, stating that the proof didn’t justify such a directive.
Court Upholds Ksh Compensation for Pakistani Journalist’s Widow
At the identical time, the court docket upheld the Ksh 10 million compensation awarded by the High Court to Siddique, ruling that there was no justification to intrude with the quantity.
Sharif, a outstanding investigative journalist, was fatally shot within the head on the night time of October 23, 2022, in Tinga Market, Kajiado County.
He was a passenger in a Toyota Land Cruiser V8 when law enforcement officials opened hearth, allegedly mistaking the automobile for a stolen van.
The Inspector General of Police on the time, Japheth Koome, later admitted the capturing was a case of mistaken identification and pledged a full investigation.
Sharif’s dying attracted world consideration, with worldwide human rights teams and press freedom advocates calling for accountability for his killing.
The Pakistani journalist had been dwelling in self-imposed exile in Kenya on the time of his dying.
