Death toll hits 73 as Ruto declares pastor's teachings an act of terror

As more gory details of the faithful who starved to death emerged, President William Ruto termed Makenzi's teachings an act of terrorism and said he belongs to jail.

"Mr Mackenzie, who acts as a pastor, is in fact a terrible criminal. Terrorists use religion to advance their heinous acts. People like Makenzi are using religion to do exactly the same thing," he said.

"Terrorist use religion to advance their heinous acts. People like Makenzi are using religion to do the same thing... they are terrorists and criminals do not belong to any religion, they belong to jail and that is where they should be," he added.

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Speaking during the passing out of Kenya Prison Service Cadets in Ruiru, Kiambu county, Ruto directed security agencies to take action against preachers who use religion to brainwash people.

"Any religious group or preachers who violate the constitutional rights of citizens by giving absurd teachings that are against seeking medical attention or going to school should be prosecuted and their institutions closed down since this cannot be allowed to happen in civilized world," Ruto said.

Interior Cabinet Secretary Kithure Kindiki said that the unfolding Shakahola forest massacre was the clearest abuse of the constitutionally enshrined human right to freedom of worship and large scale crimes under Kenyan law as well as international law have been committed.

"While the State remains respectful of religious freedom, the horrendous blight on our conscience must lead not only to the most severe punishment of the perpetrator of the atrocity on so many innocent souls, but tighter regulation of every church, mosque, temple or synagogue going forward," he said.

On Monday, the Director of Public Prosecution Noordin Haji and Police Inspector Japhet Koome visited Shakahola to witness the exhumation of bodies. The CS is expected to tour the area today.

"We will charge Makenzi with radicalisation and terrorism so that he can remain in custody as we continue to exhume more bodies," said Haji.

He said the penal code was not deterrent enough to deal with the multiple crimes committed in Shakahola.

"We will take him to court and seek more time to hold him so that we can be able to complete the exhumation of the bodies," said Haji.

Makenzi who was arrested on April 14 was arraigned before Malindi Law Courts but was not charged after the police asked for more time to complete the investigation. The court allowed the police to hold him for 14 days which lapse on Friday.

Haji expressed optimism that if the controversial pastor is charged with radicalisation and terrorism, the court will give the police more time to complete the investigation.

IG Koome said intelligence reports indicate that Makenzi had an accomplice from another church who the police are investigating.

"We have an intelligence report indicating that Makenzi committed the crime with help from a leader of another church. We will not spare anyone in this probe," he said.

Meanwhile, Malindi Catholic Diocese Bishop Willybard Lagho said the State should revive the push to regulate the churches saying self-regulation had failed to tame radical teachings in churches.

"Self-regulation is a challenge when many denominations resist leadership structures and systems. Many churches rejected the proposed regulation of religions and their leaders in 2015 by the state. The rejection was followed by President Uhuru Kenyatta's directive to Attorney General Githu Muigai to review the proposals in the Regulations Societies Rules 2015 following outcry by church leaders," he said.

Lagho noted that if the rules had been passed the state would have managed to stop Makenzi from gaining followers for such suicidal fasting.

The smell of death hang over Malindi as homicide detectives moved the bodies from the village on the border between Malindi and Magarini sub counties to Malindi Hospital Mortuary.

Malindi Sub County hospital funeral home is overstretched after receiving bodies from Shakahola.

Dr Robert Chonga, who is in charge of the hospital, said that the facility has capacity for 12 bodies but it was currently holding 67 bodies. "We are overstretched. We have requested Kilifi Sub County Hospital to take some bodies but they are also full. We are now seeking alternatives since the bodies keep on coming," he said.

Dr Chonga noted that seven survivors are in stable condition waiting to be discharged and handed over to DCI officers. "There are seven patients about to be discharged and we will be handing them over to DCI. Three are in the male ward, three in the female ward, and one male patient in the casualty ward," he added.

Senate Speaker Amason Kingi wondered how such a heinous crime, organised and executed over a period of time, escaped the radar of the intelligence system.

"How did this 'pastor' gather so many people, indoctrinated, brainwashed and starved them to death in the name of fasting and then buried them in a forest without being detected?" he said.

National Assembly Minority Leader Opiyo Wandayi, Kilifi Senator Madzayo and Malindi MP Amina Mnyanzi termed the Shakahola massacre as the work of the devil and his disguised agents among us saying it was a colossal failure of the state.

Wandayi said that it is an unforgivable failure of security intelligence that in theory extends from Nairobi to the Shakahola ending with the chiefs, assistant chiefs, village elders and Nyumba Kumi heads and this system failed and Kenyans deserve to know why.

[Reports by Marion Kithi, Patrick Beja, Nehemiah Okwembah and Edwin Nyarangi]