Human rights groups say state failed to prevent Shakahola massacre

Amnesty International Kenya Executive Director Irungu Houghton told the Committee Chaired by Tana River Senator Danson Mungatana that concerns of radicalisation of followers by several Christian and Muslim leaders have seen no evidence of effective oversight by security agencies or funding and support for countering violent extremism.

"While the state lapses must be investigated and individual and, where necessary, group culpability for omissions and commissions that have led to this catastrophe, we urge the Senate not to infringe on the full protection and realisation of the freedom of conscience, religion, thought, belief, and opinion as enshrined in Article 32 of the constitution," said Houghton.

Amnesty International Kenya advised the committee to avoid a knee-jerk reaction to the Shakahola massacre and carefully weigh several constitutional articles within the Bill of Rights arguing that internationally the freedom of conscience, religion, thought, belief and opinion is protected.

Houghton said that by June 27, 339 bodies had been recovered from the Shakahola forest, representing the most tragic violation of the right to life with Makenzi reportedly having appointed marshals to prevent people from escaping or rescinding their decision to move to Shakahola forest which amounts to restricting the right of protection from torture and the right to protect their human dignity.

Law Society of Kenya President Eric Theuri told the committee that religious indoctrination is a complex and controversial issue that requires careful considerations, saying that while the freedom to practice one's religion is a fundamental human right it becomes problematic when it involves the manipulation and coercion of individuals especially vulnerable populations.

The LSK President said that there was need to strike a balance between respecting religious freedom and protecting individuals from harmful practices associated with indoctrination with education and awareness programs playing a critical role in this.

"Empowering individuals to think critically, make informed choices and challenge dogmatic beliefs, having the requisite legal frameworks should be developed and enforced to safeguard individuals from coercive and harmful practices in Kenya," said Theuri.

He informed the committee that the Societies Act does not expressly state who may register a church which means any person regardless of their theological background can do that with the absence of a requirement inviting all persons including con artists to apply for registration.

Theuri explained that although the Act provides for registration of churches, the process fails to adequately address the issue of transparency and accountability by religious leaders with the lack of accountability not only concerning their actions but also the funds collected from members of their congregation.

He said that while churches have also put some self-regulatory mechanisms in place by having umbrella bodies, this self-regulatory mechanism is not sufficient enough to protect persons from abuse by errant religious leaders.

"There is need to review and update this legislation and the Penal Code to reflect the emerging issues to deter individuals and groups from exploiting religious rights, committing fraud, engaging in human rights violations through the harmful practices or causing harm to individuals or society at large in the guise of religion," said Theuri.

The LSK President called for a comprehensive framework for religious organizations to make registration for all religious groups operating in Kenya mandatory saying this will foster transparency, accountability and facilitate efficient scrutiny of religious activities to ensure compliance with national laws and human rights.

Theuri said religious organisations need to provide comprehensive information, including their leadership structure, sources of funding and purposes of spiritual practices, as part of the registration process since this ensures transparency, prevents illicit activities and provides a basis for effective oversight and regulation.

He said that there is need to engage relevant stakeholders including religious leaders, human rights activists and legal experts to gather diverse perspectives and insights for the proposed legislative reforms ensuring that public participation will not only enhance the legitimacy of the proposed reforms but also address concerns, maintain balance and generate collective support for safeguarding religious activities in Kenya.

"There is need to establish an independent regulatory body, preferably an Inter-Religious Council, tasked with supervising registered religious organizations, investigating complaints, and addressing breaches of existing laws or regulations," said Theuri.

He told the committee that an independent regulatory body would foster a collaborative approach between the state and religious organisations while ensuring public trust, protecting vulnerable members of society mitigating radicalization, and promoting harmony among diverse religious groups.

KNHCR Commissioner Miriam Mutugi said that the exhumation of more that 360 bodies has been done professionally and it was disturbing that the activities of Makenzi had been suspect for the last five years with little action taken to stop the massacre.

Ms Mutugi called for proper and effective rehabilitation of victims rescued from Shakahola forest. She regretted that the condition in which Makenzi's followers were being held in Malindi Prison was deplorable with some of them sleeping on the floor in a facility with a capacity of 650 people but now holding 850 people.

"We are calling on the relevant government agencies to facilitate the Shakahola survivors to get their certificates and other documents and work towards deradicaliising this people since most of them are suffering from mental illness which calls for treatment and not incarceration in prison," said Mutugi.

The KNHRC said that from the information they got the security agencies had been alerted about the suspicious activities in Shakahola forest and it was strange that no action was taken to prevent the catastrophe.