By Lauryne Akoth
The Kenya National Commission on Human Rights (KNCHR) has faulted the government for failing to protect its citizens from abuse in the Shakahola Massacre.
The commission launched its report on the massacre today dubbed “Mashaka ya Shakahola” It consists of investigative findings, key observations, the Human Rights Impact of the tragedy, and lastly, recommendations.
In their observations, the commission stated,” The Constitution confers on everyone the right to freedom of conscience, religion, belief and opinion. This right, however, does not extend to extremist ideologies and practices that would include the destruction of property, violence, killings, and violation of other human rights.”
“The State failed to protect its citizens from harm and abuse of their constitutionally granted rights, by failing to ensure that religion is not used to affect public safety, order, health, fundamental rights, and freedoms of others.”
In their report, KNCHR highlighted the negligence of the Criminal Justice System, which infringed on the freedom and security of the victims.
The commission emphasized that Mackenzie was released severally and the criminal justice system failed to expedite his trial, leaving the national security and administrative frameworks exposing his followers to harm, injury, and exploitation.
They highlighted a failure in investigative and prosecution processes when Mackenzie was released in 2017 despite charges of radicalization, promoting extremist ideologies, and neglecting to provide children with education, being leveled against him.
“The arrest should have triggered investigations that would have saved the lives of several people. This also amounts to violating the Rights of Children,” stated the report in part.
The commission also accused the then-security team in Malindi of negligence and gross abdication of duty, for failing to collect and act on intelligence.
“They not only failed to be proactive in collecting and acting on intelligence to forestall the Shakahola massacre but also unjustifiably failed to act on credible and actionable reports provided by various sources. Numerous reports had been filed at Lango Baya Police Station, Malindi Police Station, and also to the Local National Government Administration officers, from 2017,” indicated the report.
The same officers were accused of unjustifiably pulling down a post by a former follower of Mackenzie who raised alarm on the issue and accused her of defamatory messaging.
Upon the lady’s second alarm, the administrator removed the post out of concern for potential retaliation from Mackenzie and the authorities, following Mackenzie’s report alleging his life was threatened due to the initial post that was taken down.
The commission also faulted the government for the transfer of the officers who abdicated their duty to other parts of the country, instead of imposing sanctions.