An investigation by the Commission on Administrative Justice (CAJ), Kenya’s Ombudsman, has exposed critical lapses in duty by National Government Administration (NGA) and National Police Service (NPS) officers that contributed to the Shakahola tragedy.
The report details a series of administrative failures and inaction by public officials despite numerous warnings about illegal activities linked to cult leader Paul Mackenzie, which culminated in over 95 deaths in Kilifi County.
The CAJ’s investigation, mandated by Article 59(4)h of the Kenyan Constitution and the CAJ Act of 2011, highlights severe administrative negligence and failure to act on multiple alerts regarding Mackenzie’s activities. Between 2021 and 2023, several reports about Mackenzie’s illicit actions were lodged with local authorities, including Langobaya Police Station and various Security Intelligence Committees. However, these reports were not acted upon, allowing the tragedy to unfold.
The Commission’s findings accuse several high-ranking officials of dereliction of duty. These include Mr. Thuo Ngugi, the former Deputy County Commissioner for Malindi Sub-County; Mr. Daniel Ntausi, the former Assistant County Commissioner for Langobaya Division; and Mr. Raymond Mcharo, the current Chief of Chakama Location. The report also criticizes SSP Charles Kamau, the former Senior Chief Criminal Investigation Officer (SCCIO) for Malindi Sub-County; Cl Hassan Hamara, the former Officer in Charge (OCS) of Langobaya Police Station; and Sgt. Joseph Yator, a DCI officer from Malindi Sub-County.
The investigation uncovered that despite multiple warnings and reports about Mackenzie’s activities—including illegal land acquisitions and detaining minors—public officials failed to take appropriate actions. Paul Mackenzie, whose past legal troubles included violations of the Basic Education Act and the Prevention of Terrorism Act, had previously faced charges related to his operations at the Good News International Church. After moving to Chakama Ranch, his activities raised concerns among locals, yet these concerns were not adequately addressed by authorities.
The report specifically highlights the inaction of Chief Raymond Mcharo, who, despite assuming office in August 2021, failed to investigate Mackenzie’s contentious land transactions and neglected his duty to maintain proper documentation. Former Assistant County Commissioner Daniel Ntausi also faced criticism for his inadequate response to serious allegations against Mackenzie, including land invasion and the unlawful detention of minors.
Further compounding the failure was the lack of action from Mr. Thuo Ngugi, the former Deputy County Commissioner, who delegated the investigation of Mackenzie’s activities without proper follow-up. Former SCCIO Charles Kamau also faced criticism for failing to investigate reports of missing persons linked to Mackenzie’s activities. The report notes that despite receiving reports of illegal activities, Kamau’s office did not initiate an investigation or follow through on planned visits to Mackenzie’s property.
Similarly, former OCS Hassan Hamara’s inaction on reports related to Mackenzie’s land invasion and missing persons further exposed systemic failures within the police force. Sgt. Joseph Yator, a DCI officer, was also faulted for neglecting his duties by failing to investigate allegations and not appearing for a Commission interview.
The Commission has called for disciplinary actions against the implicated officials. Recommendations include holding Mr. Thuo Ngugi, Mr. Daniel Ntausi, and Mr. Raymond Mcharo accountable for their administrative failures. Additionally, the National Police Service Commission is urged to investigate and take disciplinary action against SSP Charles Kamau, Cl Hassan Hamara, and Sgt. Joseph Yator.
The CAJ also recommends improvements in surveillance, accountability, and coordination among NGA and NPS members. Enhancements such as providing official transport to local officials, ensuring proper record-keeping, and comprehensive induction training for field officers are proposed to prevent future occurrences of such administrative failures.
