KNCHR Calls On Government To Expedite Investigations Into Shakahola Massacre

By Lauryne Akoth

The Kenya National Commission on Human Rights has urged the government to expedite investigations into the Shakahola massacre.

The commission noted that access to justice and the right to a fair hearing were fundamental rights violated by the state by failing to expedite the hearing.

“While the Commission appreciated and supported the efforts by the State to hold the perpetrators to account and bring justice to the survivors and their families, the Commission continues to be greatly concerned by the inordinate delay in concluding the investigations and the holding of the ninety-five (95) suspects in penal custody for close to nine (9) months before charging them. This delay has caused severe anxiety and distress to the suspects and their families.” Read the statement in part.

The commission argued that the government’s postponement of exhumations over the past six (6) months will exacerbate the decomposition of bodies in shallow graves, hindering DNA sampling efforts. Furthermore, they argued that the prolonged pace of DNA processing further delays the release of bodies to families who have been waiting for twelve months.

“This is not only delayed justice but also violates their cultural rights under Article 44 of the Constitution to bury their relatives in a culturally acceptable and dignified manner.”Indicated the report.

The commission had recommendations for the commissioner general of prisons, the minister of health, and the government chemist. The commissioner general of prisons was asked to ensure that the Shakahola suspects in custody were treated humanely and their rights upheld.

On the other hand, the minister of health was asked to deploy mental health experts and trauma counselors to de-radicalize and counsel survivors. They also recommended she expedite postmortem procedures for the bodies recovered from Shakahola.

Lastly, the government chemist was asked to accelerate the DNA analysis and profiling of bodies to facilitate the handing over of bodies to their next of kin.