Report of the AD-HOC Committee to Investigate the Proliferation of Religious Organizations and Circumstances Leading to More than 95 Deaths in Shakahola, Kilifi County

The Senate

dc.contributor.author	The Senate
dc.date.accessioned	2023-10-27T08:40:22Z
dc.date.available	2023-10-27T08:40:22Z
dc.date.issued	2023-10-19
dc.identifier.uri	http://196.202.208.105:80/xmlui/handle/123456789/23566
dc.description.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.	en_US
dc.language.iso	en	en_US
dc.subject	Shakahola Deaths	en_US
dc.subject	Religious Extremism	en_US
dc.title	Report of the AD-HOC Committee to Investigate the Proliferation of Religious Organizations and Circumstances Leading to More than 95 Deaths in Shakahola, Kilifi County	en_US
dc.type	Technical Report	en_US