BY SAM ALFAN.
Independent Policing Oversight Authority (IPOA) has defended itself saying it conducted investigations into the killing of Pakistani journalist who was murdered last year.
IPOA informed the court that there is no basis for granting any conservatory orders as sought by widow Javeria Sidique, as all the evidence in possession of the agency will be available to her.
The body added that the evidence will be availed to her for the purposes of prosecution of the matter or any other court process after the guidance of the Director of Public Prosecution.
Arshad Sharif, the Pakistani journalist was shot dead in Kajiado in October last year in what the police later described as a case of mistaken identity.
The widow moved to court seeking the preservation of the evidence claiming that the state was taking long to prosecute the killers.
Evans Kipsang, an investigating officer at IPOA says all evidence will supplied to the widow once the Director of Public Prosecution gives his nod.
According to the officer IPOA received a letter from the DPP on the 25th October, 2022 requesting the Authority to institute investigations into the shooting of Arshad.
The body commenced investigations and forwarded th file containing collected evidence, investigation report and recommendations to the DPP.
Kipsang said the agency conducted thorough investigations and forwarded the file to the DPP.
He said the DPP acknowledged the report but sent it back to IPOA on February 21, identifying gaps that needed to be filled.
Kipsang said IPOA did as directed and resubmitted the file having covered the points raised.
In the petition, Javeria is seeking compensation and a public apology from the government, for the killing of her husband.
Javeria who is also a journalist wants the Attorney General, Inspector General of Police, the DPP and IPOA compelled to preserve all evidence and reports collected in relation to the unlawful killing.
“The intentional taking of life by police officers is permissible only if it is strictly necessary to protect life from an imminent threat. Thus, the use of lethal against Arshad Sharif by shooting him on the head was arbitrary, unproportionate, unlawful, and unconstitutional,” said the widow.
Sidique wants the court to declare that the unlawful shooting to death of Sharif in Kajiado County, on 23 October 2022 violated his right to life under Article 26 of the Constitution, the right to equal benefit and protection of the law.
“A declaration does issue that the Petitioners are entitled to effective remedies as guaranteed by Article 23 of the Constitution; Article 2(3) of the ICCPR; Article 14 of CAT; and Article 7(1) of the Banjul Charter for the violations of Arshad Sharif’s fundamental rights and freedoms through the unlawful and admitted shooting of Arshad Sharif by Kenyan Police officers at Kajiado County, Kenya on 23 October 2022,” she said.
She further argues that the failure to conduct independent, prompt, and effective investigation and to commence a prosecution for the killing violates the positive obligation to investigate and prosecute violations of the Right to Life, torture, inhuman, and degrading treatment under of the Constitution.
