By Halima Charo
The controversial Pastor Paul Nthenge Mackenzie and his allies will be prosecuted locally using the International Crimes Act 2008 and the Rome Statute, the Interior Cabinet Secretary Kindiki Kithure says.
On June 6, 2023, Prof Kindiki who is also in charge of Coordination of National Administration said that investigations have revealed crimes committed at Shakahola meet the threshold of crimes against humanity, which would be prosecuted for the first time by Kenyan judicial officers.
“For the first time in our country, we are going to have a prosecution of international crimes by our local judicial institutions.”
“Therefore, we are giving effect to a number of our laws that have not been tested locally before.”
Accompanied by Internal Security Principal Secretary Raymond Omollo, the Director of Criminal Investigations Mohammed Amin among other government officials, he added the government would operationalize the International Crimes Act 2008 that criminalizes genocide, crimes against humanity, extermination among others.
“Our investigative agencies have assured us that they have a strong case against the main suspect, Mackenzie and his cohorts for serious crimes including genocide, crimes against humanity, extermination, murder and all other crimes that are on the table and are being processed in terms of linking the evidence they have with the elements of the various crimes.”
The CS launched phase three of the exhumation exercise apart from opening of security roads within the security operation area.
The government would also be implementing the Rome Statue on the International Criminal Code Articles Six and Seven, which he said was part of the Kenya law.
“We shall be implementing locally the Rome Statute on the International Criminal Code Articles Six and Seven on genocide and crimes against humanity because that treaty is part of the laws of our country by virtue of Article Two paragraph five of the Constitution that says that every international treaty or convention to which Kenya is a party is part of our national law.”
He explained that the State would also use laws that have already been used in the past including the Prevention of Terrorism Act, and that it was just a matter of time before Mackenzie and his co-accused know their destiny in the courts.
“We have enough evidence to pin him and his collaborators to the most egregious and most horrible crimes against the human race,” he said.
“What has happened here is not a small matter, but a grave outrage on humanity not just in Kenya but all over the world.”
He announced that the 800-acre parcel of land believed to belong to fiery preacher would no longer be used for agricultural or ranching purposes, but instead will be converted into a national monument in remembrance of the atrocities meted out on humanity so that such a tragedy does not recur in the country.
The CS, however, noted that the accused extended his outrageous activities beyond his 800 acres of land to about 37,000 acres of the Chakama Ranch saying the crime scene of 800 acres would be taken and converted into a national memorial site.
“For that reason, the scene of crime where this most horrendous work has been carried out can never be reverted to normal and ordinary human activity. Once the crime scene is clear of investigations and not subjected to any other direction, it would ready for government plans.