Kenya: UN expert urges full accountability for Pakistani journalist’s killing after landmark ruling

GENEVA (25 September 2024) – A UN expert said today Kenyan and Pakistani authorities must step up efforts to fully investigate the killing of Pakistani journalist Arshad Sharif in Kenya and prosecute those responsible, in line with a landmark ruling by a Kenyan court.

“It is now almost two years since Arshad Sharif’s death and several months since the Kenyan High Court delivered a historic judgment ruling his killing “unlawful”, “arbitrary” and “disproportionate”. “None of the police officers linked to the shooting has been arrested and no charges have been filed by prosecutors in Kenya yet”, said Irene Khan, the Special Rapporteur on freedom of opinion and expression.

“Despite the Kenyan High Court’s ruling, I am deeply concerned that neither the Kenyan authorities nor the Pakistani government have stepped up their efforts to fully investigate the case”, the Special Rapporteur said.

Sharif was killed by Kenyan law enforcement at a roadblock in Nairobi in October 2022, in an incident described by Kenyan security officials as a case of mistaken identity. On 8 July 2024, following a civil suit brought by Sharif’s family, the High Court of Kenya in Kajiado ruled that the use of lethal force in Sharif’s death was “unlawful and unconstitutional” and required the Kenyan State to pay 10 million shillings ($77,500) in compensation to Sharif’s family.

“The High Court judgment is an important victory, but its real impact will only be felt if the two governments bring the perpetrators of Sharif’s killing to justice”, Khan said.

A State-sponsored Pakistani special fact-finding team concluded in December 2022 that Sharif’s death resulted from a planned and targeted assassination by transnational actors. Sharif had previously fled Pakistan to avoid arrest on charges of maligning Pakistan’s national institutions and because of threats to his life. In October 2023, UN experts wrote to Kenyan and Pakistani authorities demanding full investigations into the killing and the charges that led to Arshad’s exile.

“Justice for Mr Sharif and his family will not be done until the circumstances behind this murder are fully clarified, including whether it was a transnational crime, and all responsible actors are identified, prosecuted and punished in Kenya and Pakistan,” Khan said.

In February 2023, a Pakistani Joint Investigative Team established by Pakistan’s Supreme Court reported to State officials that Kenyan authorities had denied them access to evidence and the crime scene, effectively halting their investigation.

“I urge the Kenyan and Pakistani governments to muster the political will to ensure full accountability and bring to justice all those responsible for Arshad Sharif’s murder, so that this case can become a landmark reference in the fight against impunity for the killing of journalists,” Khan said.

The expert is in contact with both Governments on this matter.