•Kituo Cha Sheria says the police and NIS failed the victims of the Shakahola.
•The Lobby wants the court to declare that by their acts and omissions, the state failed in its duty to provide the victims with security
Image: CYRUS OMBATI
Kituo Cha Sheria now wants the government to compensate all the victims of Shakahola for failing in their duty to protect them from the cultist church.
In a petition filed in Milimani law courts, Kituo Cha Sheria through lawyer John Khaminwa says the police and NIS failed the victims of the Shakahola who lost their lives.
“A declaration that by their acts and omissions the Director General of the National Intelligence Service, the Inspector General of Police, the CS Interior and the County Government of Kilifi have failed in their duty to provide the victims of the Kilifi Church their right to life as allowed in law,” the petition reads.
The Lobby also wants the court to declare that by their acts and omissions, the state has also failed in its duty to provide the victims of the Kilifi Church freedom and security as allowed in the constitution.
“A declaration that by their acts and omissions of the state, the victims of the Kilifi Church are deserving of damages to be assessed by the court,” reads court documents.
Khaminwa further argues that it is the duty of the state, including the Kilifi country government, to protect its citizens from external and internal threats.
He says that the acts of the church were well known because the church had its own TV station that aired disturbing content akin to religious radicalization but the security agencies did not act.
“That it appears that the actions and methodology of the church appear to have been missed by all the security agencies and the county who have the duty to provide the people of the republic a sense of security,” reads court papers.
It is their further argument that the loss of life that has been occasioned by the acts of the church are as a result of the failure of the state to protect the lives of members of the church as the law states that life shall not be deprived except to the exempt of the law.
“The National Government together with the Kilifi County Government by failing to put in place preventative measures that would have saved the lives of the people, the NIS director has therefore failed in his duty by failing to act to prevent the needless deaths caused by the actions of the said church,” reads court documents.
Khaminwa avers that the failure of the NIS and Police to gather intelligence on the church and its activities is a breach of the right to life as allowed under the laws of Kenya.
In an affidavit by the CEO Dr Annette Mbogoh, she says that it is a great failure on the part of the state that the actions of the Pastor were allowed to continue unchecked despite the actions being made known to them.