Eric Ngone is a member of the JURIST News staff and an occasional contributor based in Kenya. He is a fourth-year law student at Egerton School of Law.

Kenya’s Mombasa Law Court has found controversial religious leader Paul Mackenzie guilty in a case involving the deaths of more than 190 children linked to the Shakahola tragedy. The conviction marks a major development in the legal proceedings following the discovery of bodies in Shakahola Forest, Kilifi County, in 2023. Investigators linked Mackenzie and his religious movement to teachings that allegedly encouraged followers to fast to death. Followers reportedly believed fasting would prepare them to meet Jesus Christ.

The case has attracted national and international attention. It has raised serious questions about criminal accountability, child protection, and the regulation of religious organisations in Kenya. Article 26 of the Constitution of Kenya guarantees every person the right to life. Article 53 protects children’s rights. These include the rights to basic nutrition, shelter, healthcare, and protection from abuse, neglect, harmful cultural practices, and violence.

These constitutional provisions guide legal proceedings involving allegations that adults exposed children to life-threatening practices. Prosecutors must prove every element of each charged offence beyond reasonable doubt before a court can convict an accused person.

Kenya must also protect children under the United Nations Convention on the Rights of the Child. Article 6 recognises every child’s inherent right to life. It also requires states to support children’s survival and development to the greatest extent possible. Article 32 of the Kenyan Constitution protects freedom of conscience, religion, belief, and opinion. However, religious freedom does not place anyone above the law.

The law puts a clear demarcation between religious beliefs and actions that violate criminal law. Authorities can investigate and prosecute alleged crimes while respecting constitutional rights, fair-trial guarantees, and religious freedom.

The Shakahola case raises important questions about how Kenya should respond when religious teachings allegedly encourage practices that threaten children’s lives and endanger vulnerable people.The tragedy has also prompted scrutiny of the authorities’ response to earlier warnings about the religious movement. The public wants to know whether earlier intervention could have prevented more deaths.

This conviction marks an important step towards accountability for the Shakahola deaths. Further court proceedings and investigations will help determine individual responsibility and identify weaknesses in existing safeguards. The court will convene on November 6 for sentencing.

Ultimately, the case challenges Kenya to uphold the right to life, protect children, respect religious freedom, and enforce the rule of law. It also highlights the need for stronger policy and legal protections to prevent similar tragedies in the future.