- Widow says the Kenyan government has violated Article 47 of the constitution which guarantees expeditious and fair administrative action.
- Arshad was 49-years-old at the time of his death. He had five children.
Image: AFP
Widow of slain Pakistani journalist has petitioned the High Court in Kajiado seeking to have the state ordered to preserve all evidence and reports collected in relation to the killing of Arshad Sharif.
Javeria Siddique says there has been laxity in concluding the probe and charging of police officers behind Arshads death.
Together with Kenya Union of Journalists and Kenya Correspondents Association, she wants the court to issue an order compelling the Attorney General, Director of Public Prosecutions, Inspector General of Police, Independent Policing Oversight Authority and the National Police Service Commission (respondents), to supply her with copies of all documents, files, reports, letters or evidence including but not limited to films, photographs, videotapes in their custody relating to the shooting in question.
Also sought is an order directing the AG to issue a public apology, including an acknowledgement of the facts, and acceptance of responsibility to the family of Arshad within seven days of the court's order.
Arshad had fled his motherland in July 2022, to avoid arrest for criticising the country's powerful military, only to be shot dead in Kajiado, in what the police later described as a case of mistaken identity.
Police admitted to the killing that occurred on October 23, last year. The police claimed to have been trailing a different vehicle, a Mercedez Benz Sprinter Van KDJ 700F, allegedly stolen from Pangani. But Arshad was in a Toyota Landcruiser (V8) KDG 200m. He was a passenger in the Toyota Landcruiser when he was killed.
Through lawyer Dudley Ochiel, the widow is questioning the respondents' failure to investigate the matter.
She says the matter is urgent as it concerns the loss of the right to life.
When the fatal incident happened, IPOA, according to her court papers, had promised speedy investigations. The Inspector General of Police equally undertook to probe the matter for appropriate action.
“Since then, the arbitrary and fatal shooting of Arshad by the Kenyan police has not been investigated at all. And if there has been a probe, they have not been prompt, effective or led to the prosecution of the perpetrators of the violation.”
The widow says they have not obtained justice through investigation and prosecution of those responsible for the killing.
She fears that the failure to probe, arrest, or prosecute the police officers who unlawfully shot and killed Arshad amounts to a criminal cover up and threatens further violation of the constitution.
“Arshad was 49-years-old. He used his earnings to support us including his mother and sister,” she said.
He had five children.
She says the Kenyan government has violated Article 47 of the constitution which guarantees expeditious and fair administrative action.
She claims IPOA, DPP and the IG refused to comply with her repeated requests on the status of the impending investigations in the case.