Abstract:
This report documents an investigation by the Senate Ad Hoc Committee formed to
investigate the proliferation of religious organizations and circumstances leading to more
than 95 deaths in Shakahola, Kilifi County.
Chapter One of the report provides an introduction to the report. On or about 25th April,
2023, the mainstream media in Kenya reported disturbing discoveries of people buried in
shallow graves in a forest in Shakahola, Kilifi County. The media and security agencies
attributed the deaths to a religious group known as Good News International Church linked
to one Paul Nthenge Mackenzie. Due to public interest generated by the matter the Ad Hoc
Committee was established pursuant to standing order 199 of the Senate Standing Orders
at a Sitting of the Senate held on Thursday, 27th April, 2023, following the adoption of the
motion.
The Ad Hoc Committee’s mandate was to—
(i) investigate the circumstances leading to the death of the followers of the Good
News International Church led by one Paul Mackenzie Nthenge in Shakahola
village, Kilifi County;
(ii) investigate the role played by one Paul Mackenzie of the Good News
International Church, his pastoral team and the Kilifi County Security
Committee in aiding and abetting the deaths of the followers of the Good News
International Church in Shakahola, Kilifi County;
(iii) establish through the office of the Registrar of Societies, the number and
activities of religious groups in the country including their registration and
compliance status;
(iv) audit the legal and registration framework for religious organizations in the
country;
(v) develop a legislative proposal on regulation of religious activities in the country;
and
(vi) make any other recommendation that will prevent religious organizations from
extreme indoctrination of their followers including radicalization, spiritual and
financial exploitation.
The Senate granted the Committee ninety (90) days to complete its investigation and table
a report on or before 26th July, 2023. However, the Committee sought an extension through
a motion that was adopted by the House on 1st August, 2023. The Committee was granted
a thirty (30) day extension to conclude its work and table a report on or before 5th
September, 2023. Due to the evolving nature of events, on 3rd October, 2023, the House
granted the Committee a further fourteen (14) days from 5th October, 2023 to conclude its
work and table its final report on or before 19
th October, 2023.
Following its establishment, the Committee held its first meeting on 3rd May, 2023 where
it considered and adopted a work plan, identified stakeholders for engagement with the
Committee and prepared a framework for stakeholder engagement and public hearings. In
fulfillment of its mandate and pursuant to Article 118 of the Constitution, the Committee
invited various stakeholders and members of the public to submit their views. The
Committee also undertook fact-finding visits to Kilifi County from 18th to 21st May, 2023
and Vihiga and Kisumu Counties from 22nd to 24th June, 2023. During these visits, the
Committee received first-hand information from survivors of the tragedy, victims’
families, county security committees, religious groups and civil society groups.
Chapter Two of the report elaborates the current legal framework on religious organisations
in Kenya. Article 8 of the Constitution of Kenya provides that there shall be no state
religion. Further, Articles 32 and 36 of the Constitution guarantee religious freedom and
freedom of association respectively. However, the freedom of religion and association are
not absolute. Article 24 of the Constitution provides that a right or fundamental freedom
can be limited by law to an extent that the limitation is justifiable and reasonable in an open
and democratic society based on human dignity, equality and freedom among other
relevant factors. The Chapter analyses the statutes in Kenya that are relevant to religious
organisations including the Societies Act (Cap. 108); Trustees (Perpetual Succession) Act
(Cap. 164); Companies Act, 2015; Limited Liability Partnership Act, 2011; and the Income
Tax Act (Cap. 470). Additionally, previous attempts to regulate religious organisations are
also examined. In 2015, the State through the Office of the Attorney General developed
the draft Societies (Religious Societies) Rules to address the inadequacy of the current legal
framework on registration and oversight of religious organisations.
Chapter Three of the report provides a background into demographic religious affiliations
in Kenya, cases of religious extremism and the government’s responses. The Chapter also
provides a comparative analysis on extreme religious incidences that have occurred
globally and compares certain aspects with other jurisdictions including the legal and
policy framework. Further, the Chapter examines the legal reforms on registration of
religious organisations and response to violent religious incidences in France, Uganda,
Japan and Rwanda.
Chapter Four of the report elaborates the stakeholder engagements and public hearings
undertaken by the Committee. In fulfilment of its mandate and pursuant to Article 118 of
the Constitution, the Committee conducted a comprehensive stakeholder engagement on
various dates from 10th May to 13th October, 2023. The Committee held several public
hearings publicised through the county commissioner’s offices in Kilifi, Vihiga and
Kisumu Counties and a public advertisement in the Standard and the Daily Nation of 18th
July, 2023. The Committee received both oral submissions and written memoranda from
more than two hundred and ten (210) stakeholders and members of the public.
iii
Chapter Five of the report sets out the observations and recommendations of the
Committee. The Committee observed that as at 13th October, 2023, four hundred and
twenty-eight (428) bodies had been exhumed and recovered from Shakahola, Kilifi County.
One of the suspects died in prison custody bringing the total number of deaths to four
hundred and twenty-nine (429). There is possibility that the death toll may rise in
subsequent exhumations. The Committee further observed that Kenya has experienced
deaths linked to religious extremism in the past, however, the Shakahola tragedy has
registered the highest number of fatalities in Kenya’s recorded history. The Committee has
made comprehensive observations and recommendations for action by various agencies,
key among which is action that should be taken against Paul Nthenge Mackenzie and
National Government administration and security officers who had a duty of care to the
victims of the tragedy. The recommendations also include a legislative proposal providing
a framework for the regulation of religious organisations for enactment by Parliament. The
proposed Religious Organisations Bill, 2023 is annexed to this report.