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Oraro said the alleged failure by the victims to eat should not be interpreted as a suicide attempt.
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“Even if that were the case, the more appropriate intervention would be to address the mental health needs of the victims," she said.
Image: CHARLES MGHENYI
Image: CHARLES MGHENYI
A last-minute advisory by the Kenya National Commission on Human Rights saved 65 followers of preacher Paul Mackenzie from being sent to prison.
On Wednesday, KNCHR filed to be enjoined in the matter in which the state accuses the followers of attempted suicide after declining to eat.
The victims, who had been rescued from the bushes of Shakahola between May 20 and June 6, were all in critical condition with signs of starvation.
They were taken for treatment and thereafter to a rescue centre.
However, between June 6 and June 10, while being held at Sahajanad rescue centre in Mtwapa, Kilifi county, they declined meals served to them by the state.
The 65 persons - 26 men and 39 women - also denied the minors among them the right to food by forcing them to fast.
After staging a hunger strike, the state was on Monday forced to arraign them before a Shanzu court where prosecutors asked for orders to detain them in a prison, where they will be forced to eat.
The victims spent three nights at Shimo la Tewa Prison.
However, KNCHR opposed the prison detention for the victims, saying the approach would further jeopardise their mental health.
KNCHR assistant director of legal services Beryl Oraro said the state’s apprehension over the possibility of the victims engaging in suicidal behaviour was understandable.
“However, the approach should enhance the well-being of the victims and safeguard their rights, rather than unduly restrict them and risk jeopardising the mental health of the victims,” she said.
In the advisory she filed before the Shanzu magistrate court Thursday, Oraro said the alleged failure by the victims to eat should not be interpreted as a suicide attempt.
“Even if that were the case, the more appropriate intervention would be to address the mental health needs of the victims,” she said.
Oraro informed the court that KNCHR had interviewed 39 women at Shimo La Tewa Women's Prison and recommended that each of them undergoes mental assessment.
“An individual assessment of the psychosocial well-being of each of the victims and their social situations should be conducted promptly, to design appropriate interventions concerning each individual,” Oraro said.
KNCHR said despite the fact that Section 226 of the Penal Code which criminalises suicide attempts is still in place, Kenya has also put in place policies to effectively prevent suicide.
According to Oraro, the Mental Health Action Plan (2021-2025) recommends the decriminalisation of suicide.
“To ensure that people with mental health conditions are not discriminated by the criminalisation of symptoms of mental illness and get fair administration of justice,” she said.
Similarly, she said, the Suicide Prevention Strategy (2021-2026) advocates for decriminalisation of suicide.
“Overall, therefore, while Section 226 of the Penal Code is yet to be repealed, the prevailing government policy is to put in place protective measures, rather than prosecute persons who attempt suicide,” she said.
However, she said if it is reasonable and necessary to deprive any of the victims of their liberty, the reasons for such deprivation should be explained to them.
She said the deprivation should be for a definite period, subject to regular supervision by a court of law, and should ideally be in a facility that provides a conducive environment for the victim.
“In this case, a rescue centre or a health facility would be most appropriate,” she said.
KNCHR committed to providing one psychologist counsellor to work with the victims.
Khamis Salim, an advocate appearing for the victims on behalf of the Haki Africa organization, said they will provide two psychologist counsellors to work with the victims.
Senior principal prosecution counsel Jami Yamina informed the court that there was no problem at the rescue centre until they staged a hunger strike.
“If the issue of the hunger strike is eliminated, there is no issue why we should revert to the rescue centre,” Yamina said.
Shanzu senior principal magistrate Joe Omido ruled that 64 of the followers of Mackenzie be taken back to a rescue centre within Kilifi.
However, one of the victims, identified as Feminise Mwoma, who blatantly told the court that she will not cooperate with the police, was ordered to be remanded at Shimo la Tewa Women's Prison.
Each of the victims had been asked to loudly agree before the court that they will cooperate with the police, counsellors and other state agents.
They all confirmed, except Mwoma.
“I also directed that the medical and mental health reports should be filed with the court in the next 14 days for further directions,” said Omido.
The matter will come up again on June 29.