GAZETTE NOTICE NO. 5660

WHEREAS, the mass deaths, cruelty, maiming, other inhumane and degrading acts perpetrated on members and other persons who were linked to the Good News International Church have been uncovered; WHEREAS, the scale of the death toll and the depravity of the actions committed against our fellow citizens has shocked the consciousness of the nation; WHEREAS, the Shakahola Tragedy has brought to the fore the issue of existence of religious extremist organizations, sects, cults, and other similar outfits in Kenya that have occasioned death or serious harm to Kenyans; and WHEREAS, the unprecedented nature of crimes committed and the complexities of evidence gathering in such circumstances necessitates the establishment of a framework to document the circumstances of the Tragedy and to probe into the matter: NOW THEREFORE, in exercise of the powers conferred by section 3 (1) of the Commissions of Inquiry Act (Cap. 102), I, William Samoei Ruto, President and Commander-in-Chief of the Kenya Defence Forces, do direct as follows: 1. A Commission to inquire into the Shakahola Tragedy is appointed. 2. The Commission of Inquiry Appointed to Inquire into the Shakahola Tragedy shall be constituted as follows: Commissioners: Hon. Lady Justice Jessie W. Lesiit — Chairperson, Lady Justice (Rtd.) Mary Muhanji Kasango, Eric Gumbo, Bishop Catherine Mutua, Jonathan Lodompui (Dr.), Frank Njenga (Dr.), Wanyama Musiambu, Albert Musasia, Joint Secretaries: Oliver Kipchumba Karori, Rachel Maina, Lead Counsel: Kioko Kilukumi, Assisting Counsel: Vivian Janet Nyambeki, Bahati Mwamuye, 3. The mandate of the Commission of Inquiry shall be to— (a) Inquire into the matter of the deaths, torture, inhumane and degrading treatment of members and other persons linked to the Good News International Church in Kilifi County within the Republic of Kenya; (b) Establish the circumstances under which the deaths, torture, inhumane and degrading treatment occurred; (c) Inquire into the legal, institutional, administrative, security, and intelligence lapses that may have contributed to the occurrence of the Shakahola Tragedy; (d) Identify, based on evidence laid before the Commission, the persons and organizations who bear the greatest responsibility for the Shakahola Tragedy; and to recommend specific actions that should be taken against them including admonition, regulatory actions, reparations, or recommendation for criminal investigation; (e) Recommend legal, administrative, or other forms of accountability action against any public official whose actions or omissions are established to have willfully or negligently contributed to the occurrence of the Shakahola Tragedy; (f) Inquire into the factors that lead to the rise of that particular religious extremist institution; as well as the factors that give rise to such religious extremist institutions, cults, or occultist groups, and other formations that foster negative religion-based activities generally; (g) Recommend legal, administrative, institutional, and regulatory reforms aimed at preventing the occurrence of future situations of deaths or gross violations of the rights and welfare of persons by religious extremist institutions, cults, or occultist groups, and other formations that foster negative religion-based activities; and (h) Consider, perform, or advise on any other matter or subject ancillary to the above. 4. In the discharge of its functions, the Commission shall: (a) Receive views from members of the Public; (b) Receive oral or written statements from any person with relevant information and may— (i) Use official reports of previous investigations; (ii) Use any investigation report by any institution or organization; (iii) Carry out or cause to be carried out such studies or research in any relevant areas. (c) Summon any person concerned to testify on oath and to produce any books or documents that the commission of inquiry may require; (d) Hold any inquiry in public but may hold private hearings if necessary; (e) Form such committees and working groups as may be required in the furtherance of its terms of reference; (f) Hold such number of meetings in such places and at such times as may be necessary for the proper discharge of its functions; (g) Co-opt any other person as may be necessary to assist in the achievement of the terms of reference; and (h) Exercise all powers conferred on it by law for the proper execution of its mandate, including the power to require co-operation from public officers and instutions. 5. The commission of inquiry shall prepare and submit a report and its recommendations to the President within six (6) months from the date hereof. Dated the 4th May, 2023. WILLIAM SAMOEI RUTO, President.