The Mombasa High Court has set precedent by awarding KSh6.5 million to the family of the late Omar Faraj, who was gunned down in 2012 by a paramilitary commando team in a case of mistaken identity.
The court, on March 19 this year, ruled that the killing of Faraj — who was a cashier at a butchery in Mwembe Tayari, Mombasa — on the night of October 28, 2012 was unwarranted, unjustifiable and unlawful.
An investigative piece by British journalist Namir Shabibi which was published in 2020 disclosed that Faraj was killed by a paramilitary commando team “created, trained, equipped to counter terrorism by the CIA.”
The investigative piece said that the anti-terror team was after one Fuad Abubakar Manswad, but were mistakenly led to Faraj’s house by their informant.
The judgment by Justice Olga Sewe came after a legal action was taken against the National Police Service, the Director of Public Prosecutions and the Attorney General. The legal action was initiated by the Muslims for Human Rights (MUHURI).
The Kenyan government has been criticized for never acknowledging its role in the killing incident, as well as the fate of one Titus Nabiswa, the informant who wrongly led the commandos to Farajs house.
Faraj’s widow Rahma Ali had a bittersweet feeling. Bitter in the sense that the KSh6.5 million will not bring back her husband and sweet because at last, her husband’s name has been cleared of terrorism allegations.
