Kenya: High Court Rules in Favor of Javeria Siddique, Awards $78,000 for Husband’s Unlawful Killing
Siddique and husband fled Pakistan in 2022, shortly after he was killed by Kenyan police
Location: Kenya, Nairobi
Date: July 8, 2024
Women Press Freedom commends the Kajiado High Court's ruling awarding 10 million shillings ($78,000) in compensation to journalist Javeria Siddique, the widow of Pakistani journalist Arshad Sharif. Sharif was unlawfully killed by Kenyan police at a roadblock nearly two years ago. This ruling acknowledges the grievous violation of Sharif's right to life and represents a significant, albeit insufficient, step towards justice. While this ruling offers some relief to Siddique and her family, it underscores the imperative for continued vigilance and advocacy. We stand in solidarity with Javeria Siddique and call for unwavering support from the international community in her quest for justice. We also urge the Supreme Court of Pakistan to heed the appeal from Sharif's mother, demanding a thorough investigation and interrogation of former military officials allegedly involved in this heinous crime.
A Kenyan court has awarded 10 million shillings ($78,000; £61,000) in compensation to Javeria Siddique, the widow of a prominent Pakistani journalist, Arshad Sharif, who was shot dead by police at a roadblock nearly two years ago.
In an interview with Women Press Freedom, Siddique explained her legal action against Kenya's General Service Unit (GSU). “I am suing the GSU because they committed the crime openly, then admitted that it was a case of mistaken identity. But for me, it was a targeted assassination because he was living in hiding in Kenya after receiving threats in Pakistan,” she said in 2023.
The Kajiado High Court ruled on July 8, 2024, that the Kenyan authorities acted unlawfully and violated Sharif's right to life, awarding Siddique compensation plus interest until payment in full.
“Loss of life cannot be compensated in monetary terms nor is the pain and suffering the family must have gone through. But there’s consensus that compensation is an appropriate remedy for redress in violation of fundamental rights,” Justice Stella Mutuku ruled.
Siddique expressed her gratitude to the Kenyan judiciary but notes that her work is far from done. “This ruling has come as a relief to me and my family, but I will not relent in getting maximum justice for my husband,” she says.
Siddique and Sharif, both renowned journalists from Pakistan, fled to Kenya in July 2022. On October 23, 2022, Sharif was shot and killed by GSU officers who allegedly claimed it was a case of mistaken identity.
A 592-page report by the Pakistani Intelligence Bureau (IB) and Federal Investigation Agency (FIA), released last year, found inconsistencies in the Kenyan police statements following Sharif's assassination. Nairobi police claimed that Sharif was shot when he failed to stop at a roadblock on the capital's outskirts. However, his family believes the killing was a premeditated assassination involving the Pakistani military. Pakistan's military has firmly denied any involvement and expressed support for the ongoing investigation.
“The constant fear reminds me of the day he was killed and I saw him in the mortuary”
Following her husband's death, Siddique has faced a malicious online smear campaign, endangering her safety. “They start harassing me, watching my movements, and editing fake pictures of me on social media. They call me names like 'prostitute' and 'slut' to discourage me from seeking justice for myself, my husband, and others,” Siddique tells Women Press Freedom.
Siddique also described the severe impact on her personal life and health. “After his death, the constant threats, surveillance, and knowing they are watching me took a toll on my health. I developed PCOS, which worsened my condition,” Siddique tells Women Press Freedom. “My menstrual cycle got disturbed, and now I'm taking physiotherapy because my weight gain is affecting my knees. Being mostly inside without sunlight, exercise, or greenery has been difficult. I'm passionate about photography, but now I can only take pictures of the moon from my terrace. “
Siddique tries to sleep at night, but visions of her husband's body haunt her, causing her to wake up suddenly, she tells Women Press Freedom. She can't sleep without medication, which her psychiatrist prescribed for good sleep, and she has been on it for two years since her husband's death. Before that, she never needed such therapy or medication.
"This isn't the life I want," Siddique confides. "Even the doorbell ringing scares me. Unknown calls terrify me, so my phone is always on mute. The constant fear reminds me of the day he was killed, and I saw him in the mortuary. I had to read the Quran in his ear, surrounded by other dead bodies. These memories haunt me."
“I try to sleep at night, but visions of his body haunt me”
Siddique would like to live in peace outside of Pakistan, but with authorities also targeting family members, as seen in the case of Gulalai Ismail, she is hesitant. Ismail’s elderly parents are still summoned to police stations and courts for hearings despite having done nothing wrong. Siddique is scared for her family, too, and cannot leave them behind. They are her support system. After her husband's death, she moved in with her parents for safety.
Sharif's mother has appealed to the Supreme Court of Pakistan, urging them to ensure the interrogation of former military officials, accusing them of plotting her son's assassination. “We have to focus on Pakistan because it's been one year since we had our last hearing in June 2023 related to Arshad's case,” Siddique tells Women Press Freedom.
Despite these immense challenges, Javeria remains resolute in her fight for justice. Women Press Freedom and similar organizations have been her lifeline. “Media Defence and the Coalition For Women In Journalism have been my voice and legal advisors. These organizations are always helpful, regardless of ethnicity, nationality, color, or race. They stand with you and protect you from danger,” she acknowledges.
“If Arshad had gotten international help, he would be alive today”
“I wish Arshad had asked for the help of these organizations, but he was killed. If he had gotten international help, he would be alive today,” says Siddique
Women Press Freedom acknowledges and commends the recent ruling by the Kajiado High Court and stands in solidarity with Javeria Siddique and all journalists who risk their lives to report the truth. This landmark ruling not only provides some measure of relief to Siddique and her family but also reinforces the principle that violations of fundamental rights will not go unpunished. We call on the international community to support Siddique in her ongoing efforts to secure full justice for Arshad Sharif and to ensure that those responsible for his death are held accountable, regardless of their status or power. Furthermore, we urge the Supreme Court of Pakistan to heed Sharif's mother's appeals for a thorough investigation into the involvement of former military officials in this heinous crime. True justice can only be achieved through transparency, accountability, and an unwavering commitment to protecting press freedom.
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