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Interior Cabinet Secretary Kithure Kindiki yesterday recommended genocide charges against controversial pastor Paul Mackenzie and his accomplices.

Kindiki said Mackenzie of Good Life International Church and his team ought to be charged in accordance with Article 2 of the United Nations Convention of 1948 on prevention and punishment of the crime of genocide.

He welcomed a move by the Director of Public Prosecutions (DPP) Noordin Haji, who said he is exploring charging Mackenzie and his group with terrorism.

“I want to encourage the DPP that it is not far-fetched to build a case of terrorism… from what we have witnessed so far from this scene of crime, it is not impossible,” Kithure said after touring Shakahola forest yesterday.

He added: “It is possible to charge them with a crime of genocide under international and Kenyan law for the following reasons, Article 2 of the United Nations Convention of 1948 on prevention and punishment of the crime of genocide, which Kenya is a signatory to, defines genocide as any of the acts committed with intent to destroy in whole or in part, a ratio group, national ethnic or religious groups.”

According to the CS, these acts include murder, preventing groups from giving birth and a list of other nine elements.

Since Mackenzie and his group have murdered so many people at once – men, women and children – and since he has used religion to commit these atrocities, Kithure said it is very easy to fit this behaviour within the definition of Article 2 of the 1948 Convention.

He said the Government has since scaled up the rescue and more security personnel will be deployed to the area to intensify search and rescue operations.

The CS also said what has happened in Shakahola is the turning point for how Kenya handles serious threats to security posed by religious extremism.

Although the Government admits that this should not have happened, the CS assured that nothing like this will ever happen again.

Criminal records

“I know it is very easy to start pointing fingers. I want to dissuade us as a country to rally ourselves together and instead of pointing fingers. We must first and foremost do whatever it takes and save any living among us who could be under the custody of these terrorists whether in this property or elsewhere in this country,” said the CS.

“For Mackenzie and all the people who helped him get away with this kind of barbarism, we are exploring all the legal books available,” he warned.

As of yesterday evening, about 90 bodies had been exhumed from shallow graves inside Shakahola extensive land, said to be owned by Mackenzie.

Mackenzie, who police say has several previous different criminal records dating back to 2017, is now in custody.

A team of experts from the National Police Service including forensic investigators, homicide detectives, general duty officers as well as Government pathologists is on the ground to conduct investigations.

“As a service, we strongly condemn any form of religious organisation that promotes extremist beliefs and operates outside the confines of law, putting the safety and well-being of Kenyans at risk and violating basic human rights, in this case, the right to life,” Koome said.

In Parliament, MPs called for stricter laws to regulate religious institutions even as they blamed the government for the Shakahola deaths. The lawmakers who were debating an adjournment motion regarding the killings, said it is necessary for the State to start vetting the clergy before they are allowed to operate to avoid such killings witnesses in Shakaloha from recurring.

Further they also called for the immediate deployment of additional police and sniffer dogs to the said village to save Kenyans who are still alive.

Kilifi North MP Owen Baya, who moved the motion said Mackenzie ought to be in jail, as he is a threat to national security.

According to Baya, there is a need for the country to end radicalisation of Kenyans being pushed by people alleged to be pastors and preachers.

 “It is sad that this preacher has radicalised his followers to the extent that they are not eating yet his 17 children are eating and feeding well, his wife lives in a beautiful house . They are doing very well and are very comfortable,” he said.

Urgent intervention

Leader of Majority and Kikuyu MP Kimani Ichung’wa called for the regulation of religious institutions to ensure no more Kenyans will be radicalised to join such organisations.

While calling for urgent intervention, Ichung’wa told various State agencies to stop blaming each for the current mess but instead come up with solutions to avoid such incidents from recurring.

“It is sad that as at now National Intelligence Service (NIS) is pointing fingers at the police, the police on their part are pointing fingers at the Judiciary and we know very well that the Judiciary will also point fingers back at the police, saying they are the ones who did not do their job,” he said.

He added: “We need to come up with a law to ensure that no more Kenyans are radicalised, be it a Christian or a Muslim. I agree this is a terrorism act.”

Leader of Minority and Ugunja MP Opiyo Wandayi said the government is to blame for the said deaths, as it ought to have been aware of the dealings of Mackenzie.