The widow of slain Pakistani journalist Arshad Sharif who was killed last year by police has sued the state for delayed prosecution and investigations of her late husband’s case.
In a petition filed in court, Javeria Siddique wants the court to order the Inspector general of police and other state agencies to preserve all evidence and reports collected in relation to the unlawful killing of Arshad Sharif.
Through Lawyer Ochiel Dudley, Siddique says the petition in court is about the unlawful killing of her husband by Kenyan police officers at Kajiado on October 23 2022 and the failure to investigate the incident thus compounding the constitutional violations.
Other petitioners in the case include Kenya Union of Journalists and Kenya Correspondents Association.
According to court papers, two Kenyan police officers unlawfully killed Sharif and police admitted to killing him but claimed it was a case of mistaken identity.
The widow is concerned that until now more that a year after the death of the husband, the state has failed to investigate or prosecute the perpetrators.
“Therefore, this petition questions the unlawful killing of Arshad Shariff by Kenyan police and the Respondents’ failure to investigate thus compounding the violation of his right to life under Article 26 of the Constitution of Kenya, 2010,” reads court papers.
Ochiel argues that since the arbitrary and fatal shooting of Sharif, there has no investigations and if ay they have not been prompt, independent and impartial.
“Instead, the victim’s family has not obtained justice through investigation and prosecution of those responsible for the killing,” he added.
Siddique says at the time of his death her late husband was 49 and his death has left them without a provider.
Sharif leaves behind two widows, his mother, sister and five children who all depended on him.
According to reports, on that night, police officers shot Sharif on the head and fatally wounded him in what they termed as a case of mistaken identity.
When he was killed, Shariff was a passenger in a Toyota Landcruiser (V8) KDG 200M. The police claimed to have been trailing a different vehicle, a Mercedes Benz Sprinter van KDJ 700F, allegedly stolen from Pangani.
The IG Expressed regret for the unfortunate incident and said that competent authorities are currently investigating the incident for appropriate action.
The matter has since been referred for inquest before the Kajiado Law courts and officers have testified in the case.
