IPOA CLEARED IN ARSHAD SHARIF MURDER CASE BY COURT OF APPEAL

The Independent Policing Oversight Authority (IPOA) has been cleared of liability in the murder of Pakistani journalist Arshad Sharif following a ruling by the Court of Appeal. The court overturned a 2024 High Court decision that had faulted IPOA alongside other state agencies for failing to protect Sharif’s rights and contributing to the unlawful killing.
The appellate judges ruled that IPOA fulfilled its constitutional mandate by investigating the incident and submitting its findings and recommendations to the Director of Public Prosecutions. The court noted that while the killing was indeed unlawful and deeply regrettable, IPOA could not be held responsible for the failure to prosecute officers involved.
In a significant development, the court set aside the portion of the earlier ruling that required IPOA to jointly pay KSh 10 million in compensation to Sharif’s widow. However, the State is still obligated to honor the compensation order.
The court also directed IPOA to furnish the petitioners with a status update on the implementation of its recommendations within 30 days but declined to compel prosecutions, citing institutional independence of the DPP.
Sharif, a prominent investigative journalist, was shot dead by Kenyan police in October 2022 in Kajiado County under murky circumstances. IPOA’s initial investigation confirmed that police had opened fire on the journalist’s vehicle, but no officer has been arrested or charged to date.
The latest ruling has drawn mixed reactions, with press freedom advocates urging the Kenyan government to go beyond investigations and ensure justice is served.