NAIROBI, KENYA, Mar 22 — A newly released report by the Kenya National Commission on Human Rights (KNCHR) has denounced widespread rights violations endured by the suspects implicated in the Shakahola massacre while in custody.
The KNCHR report, titled “Mashaka ya Shakahola” singles out the longest pre-trial detention in Kenyan history since the enactment of the 2010 Constitution.
The report released on Friday said authorities forced many of the detainees to sleep on bare concrete floors without access to basic amenities like blankets.
Among the suspects, only Paul Mackenzie, the mastermind behind the Shakahola massacre that occurred between 2019 and 2023 in the Shakahola Forest, Kilifi County, was provided with a mattress and blanket according to KNCHR.
“The prison authorities told the Commission that the prison was facing various challenges especially supplies which explains why over 30 per cent of the prisoners had no uniforms, mattresses, and blankets,” the report said in part.
KNHCR also cited overcrowding at the Malindi GK Prison where the suspects are held as a concern. It noted that the facility was holding 850 prisoners against a recommended capacity of 650 prisoners.
The lobby further indicated that the prison authorities also informed the Commission that they were struggling to ensure all the prisoners were adequately fed with the limited food supplies and finances available.
Torture allegations
Additionally, the Commission disclosed that it had received credible allegations of torture, cruel, inhuman, and degrading treatment meted out against suspected perpetrators and survivors of the Shakahola massacre while in police and prison custody.
The Commission also faulted the failure to accord rescued Shakahola survivors proper pyscho-social support further aggravated by attempted suicide charges they faced in court.
“This amounts to re-traumatization and victimization of the survivors at a time when they needed intense care and rehabilitation from the State,” KNCHR said.
The rights group indicated that it was able to intervene and convinced the Court to allow the Commission to offer psycho-social support to the survivors.
KNCHR also faulted the State for failing to protect its citizens from harm and abuse of their constitutionally granted rights, and ensuring that “religion is not used to affect public safety, order, health, fundamental rights and freedoms of others.”
A Mombasa Court declined to grant bond to Mackenzie and 38 parents of children rescued from the Shakahola forest.
In her ruling on March 14, the Tononoka Court Principal Magistrate Nelly Chepchirchir stated that the prosecution had advanced compelling reasons against the accused persons interfering with children witnesses.
Chepchirchir stated that Article 53 of the Constitution and the Children Act 2022 require that the best interest of the child be given paramount consideration in criminal cases.
“It should be clear to the parties involved that all of the victims are children. Article 53 of the Constitution states that the best interests of a child shall be prioritised in all matters affecting a child, and this is no exception,” she noted.
