Pakistan’s Top Court Closes Arshad Sharif Murder Case, Leaving Investigation to Diplomatic Channels

The Federal Constitutional Court (FCC) has officially disposed of its suo motu proceedings into the 2022 killing of senior journalist Arshad Sharif, ruling that judicial supervision is no longer necessary now that the governments of Pakistan and Kenya are cooperating through diplomatic and legal mechanisms. The decision, issued on 3 February 2026, closes the high-profile court-led inquiry without further judicial intervention.

Sharif, a prominent investigative journalist and television anchor, was fatally shot by Kenyan police on 23 October 2022 on the outskirts of Nairobi. Kenyan authorities described his death as a case of mistaken identity, but the incident attracted widespread anger in Pakistan, with many colleagues and supporters describing it as politically charged. An initial suo motu notice was taken by Pakistan’s Supreme Court in December 2022 to seek an independent and transparent investigation. After judicial restructuring under the 27th Constitutional Amendment, the case was transferred to the FCC.

In its 14-page judgment, the FCC bench noted that Pakistan and Kenya had signed a Mutual Legal Assistance (MLA) agreement to facilitate evidence sharing, liaison between investigative agencies, and coordination at diplomatic and prosecutorial levels. The court stated that because the matter is being addressed through these legal and diplomatic frameworks, judicial interference would not be appropriate and could encroach on the domain of foreign policy and executive prerogatives. The FCC also disposed of all pending petitions related to its original suo motu action, while affirming that Sharif’s legal heirs could pursue grievances in the appropriate jurisdictions.

The judgment acknowledged the national grief and concern of the journalistic community over Sharif’s death and reiterated that the investigative process remains underway through specialised channels involving both states. It referenced steps already taken by the Pakistani government, including the establishment of a Special Joint Investigation Team (SJIT), diplomatic contacts with Kenyan authorities, and the issuance of black warrants for suspects connected to the case.

Details regarding trial proceedings and cooperation timelines remain contingent on continued diplomatic engagement with Kenyan counterparts, which the FCC said is best managed by the Ministry of Foreign Affairs and executive branches of both governments. Supporters of Sharif, including family members and media advocates, have expressed disappointment at the court’s decision to close judicial oversight, while emphasising the importance of a transparent, accountable resolution of the case.

Arshad Sharif, known for his investigative reporting and critical commentary on political and military institutions in Pakistan, had faced multiple legal actions before he departed from the country in 2022, before his killing in Kenya.

Reference –

FCC disposes of Arshad Sharif killing case, cites ongoing diplomatic and legal channels

https://www.dawn.com/news/1970840

https://tribune.com.pk/story/2590611/fcc-disposes-of-arshad-sharif-murder-suo-motu-case

https://www.arabnews.pk/node/2631675/pakistan