The Court of Appeal has affirmed a landmark ruling ordering the Kenyan government to pay Sh10 million in compensation to the family of Pakistani journalist Arshad Sharif, who was fatally shot by police officers at a roadblock three years ago.
Sharif, a prominent TV presenter known for his sharp criticism of Pakistani political leaders, was killed on October 23, 2022, while traveling as a passenger along Magadi Road in Kajiado County. The 49-year-old journalist had been living in self-imposed exile in Kenya for two months before the tragic incident occurred at around 9pm at Tinga Market.
In a significant development, the three-judge bench comprising Justices Daniel Musinga, Mumbi Ngugi, and Francis Tuiyott absolved the Independent Policing Oversight Authority (Ipoa) from liability, finding that the oversight body had fulfilled its investigative mandate by recommending prosecution of the officers involved to the Director of Public Prosecutions.
“Having made its recommendations on May 29, 2023 to the DPP, Ipoa had fulfilled its investigative mandate; the ball now lay in the DPP’s court,” the judges ruled, shifting responsibility for the failure to prosecute to the DPP’s office.
The court rejected appeals from both sides regarding the compensation amount.
While Ipoa argued the Sh10 million award was excessive, Sharif’s widow Javeria Siddique, together with the Kenya Union of Journalists and Kenya Correspondents Association, had sought an increase to Sh250 million.
The appellate court found the original award appropriate given the limited financial information provided about Sharif’s income and dependents.
Despite upholding the compensation order, the court declined to issue mandatory orders compelling the prosecution of the two police officers involved or disciplinary action against them, citing the constitutional independence of the DPP’s prosecutorial mandate.
Sharif left behind a mother, two wives, and five children, underscoring the human cost of the incident that sparked international attention on press freedom and police conduct in the region.
The court has ordered Ipoa to provide updates on its investigations and recommendations within 30 days, though the fundamental question of justice for Sharif’s killing remains unresolved nearly three years after his death.
Kenya is once again under international scrutiny following the alleged abduction and humiliation of Ugandan opposition leader Kizza Besigye.
The four-time presidential contender is reported to have been abducted on Saturday during a visit to attend the launch of book by Narc Kenya leader Martha Karua in Nairobi.
The incident has fueled outrage across the region, with human rights groups condemning the growing trend of political repression and cross-border targeting of opposition figures.
Dr Besigye alongside his political ally Hajj Obed Lutale, who were secretly ferried to Uganda, now face charges for alleged illegal possession of firearms, a claim critics say is part of a wider campaign to silence dissent.
National Police Spokesperson Resila Onyango denied any knowledge of the abduction, while top state officials have remained mum.
According to Besigye’s family, the opposition leader arrived in Nairobi on Saturday and was picked up at the Jomo Kenyatta International Airport for Waridi Paradise Hotel and Suites in Hurlingham where he was booked.
He reportedly left for Riverside Drive later that day in a taxi to meet an acquaintance, after which he was not seen again in Nairobi.
The alarm was first raised by his wife, Winnie Byanyima, who took to social media to highlight his disappearance. She claimed he was being held at a military facility.
“We his family and his lawyers demand to see him. He is not a soldier. Why is he being held in a military jail?” she posted on X.
Back in Uganda, the two were charged with four counts of illegal possession of two pistols and rounds of ammunition and soliciting funds to prejudice the security of the Defence Forces. The offences were allegedly committed in Athens, Geneva and Nairobi.
Uganda media reported that they were arraigned at the Makindye Military Court chaired by Brigadier Freeman Mugabe, and would remain in custody until they reappear on December 2.
Ugandan government had earlier denied knowledge of Besigye’s whereabouts.
On Wednesday, Besigye said he had not spoken to anyone, including his lawyers, since he was kidnapped. “I was only informed that I am coming to court a few minutes ago,” he said.
Kenya’s Foreign Affairs PS Korir Sing’oei did not respond to our calls and text messages.
Karua and the Pan African Opposition Leaders Solidarity Network called on Presidents Yoweri Museveni and William Ruto to come clean on the circumstances under which Besigye was abducted.
“We demand the immediate and unconditional release of Dr Besigye by his captors, who we believe are Kenyan and Ugandan security agencies, and an end to cooperation by both counties on these inhuman and illegal practices that violate both municipal and international law, and which are informed by intimidation, malice and impunity,” read their statement.
“We suspect that Dr Besigye may have been abducted after he was dropped at the Riverside Apartments, most likely by Ugandan authorities working with and facilitation from Kenyan authorities.”
The opposition leaders challenged the National Police Service to account for Besigye who disappeared from Kenya.
“We hold both the governments of Kenya and Uganda responsible and challenge them to conduct their cross-border operation in accordance with their respective law and international law,” the leaders said.
“Abductions/kidnappings by state security forces are not the legal way for cooperation between Uganda and Kenya. This is in violation of local and international law.”
The Law Society of Kenya (LSK) also termed the incident a retrogression in democracy.
LSK President Faith Odhiambo urged the international community to intervene.
“We are witnessing a return to an era of abductions and killings, which undermines freedom and democratic processes,” she said.
Uganda’s veteran opposition figure Kizza Besigye (unseen) is transported inside an Ugandan military police vehicle as he arrives at the Makindye Martial Court in Kampala, on November 20, 2024. [AFP]
Ugandan Opposition leader Robert Kyagulanyi alias Bobi Wine called for Besigye’s release, condemning the “abuse of the law by the regime here in Uganda, and sadly the authorities in Kenya.”
“We are back to the dark days when Ugandans were casually picked from the streets of Nairobi and returned to Uganda to be tortured, jailed and others executed.”
The leaders also condemned the abduction of 36 Ugandans on July 23 in Kisumu by armed men who took them back to the country.
The members of the Forum for Democratic Change Party were attending a meeting at the Ukweli Pastoral Centre.
The incident drew the ire of Kisumu Governor Anyang’ Nyong’o. “Although the County Government of Kisumu has no link with the politicians, we condemn in the strongest terms possible the human rights violations meted out against them within the territory of Kisumu County,” said Prof Nyong’o.
According to the Governor, the rooms where the politicians were booked were broken into by people believed to be Ugandan security agencies working with their Kenyan counterparts.
Besigye’s abduction comes just a few weeks after that of six Turkish nationals residing in Kenya as protected refugees by the United Nations.
Mustafa Genc, Huseyin Yesila, Ozturk Uzun, Alpaslan Tasci, Necdet Seyitoglu and two others were abducted at different times in Kilimani, Nairobi.
Seyitoglu was freed after identifying as a Briton. Also freed was a woman and her child.
Days later, PS Sing’oei said Genc, Yesila, Uzun and Tasci had been handed over to the Turkish government over treasonous charges.
“The Ministry of Foreign and Diaspora Affairs has received assurance from the Turkish authorities that the four will be treated with dignity in keeping with the national and international law,” he said.
Others who went missing on Kenyan soil are Ethiopia’s Samson Tecklemichael, Nigeria’s Nnamdi Kanu, Selahaddin Gulen, South Sudan’s Morris Mabior Awikjok Bak, and Seth Sendashonga.
Others are Dong Samuel Luak, Aggrey Idri Ezibon, and Abdullah Ocalan.
Some of the dissidents who have been killed on Kenyan soil are Pakistani journalist Arshad Sharif and Rwanda’s Theoneste Lizinde and Augustin Bugirimfura.
