Some years back, a prominent Catholic priest made headlines when he was arrested for allegedly sexually abusing young boys under his care.
In 2009, Father Renato Kizito was accused of defiling boys at an orphanage he ran in Dagoretti Corner.
But the Italian, who served the Catholic Church in Kenya for several years, denied the accusations raised by the two boys.
Father Kizito instead linked the allegations to a plot to seize his land and assets at the Koinonia Community Centre, which he single-handedly established.
It is now emerging that the Penal Code is the weak link in dealing with offences related to religion, which is being exploited to commit crimes ranging from sexual abuse, terrorism, and money laundering.
The Presidential Taskforce on the Review of the Legal and Regulatory Framework Governing Religious Organisations in Kenya Report says one of the major gaps in the Penal Code is that it does not define crimes and offences committed under the pretext of religion.
In the case of Fr. Kizito, the boys later retracted their statements, claiming they had been forced to accuse the priest.
According to the cleric, the saga began back in October 2005 when an email with pictures of a naked man and young adults in a compromising position started circulating.
“It is impossible to say if it was a man or woman. Those pictures were clearly doctored using photo editing software, and so I did not accord them much importance,” said the priest in an interview in 2009.
He maintained his innocence, saying it was a smear campaign sponsored by his former associates at the Koinonia centre.
“I have not sodomised any child. I am ready to face anybody who can prove the opposite. I am aware that some criminals do use such allegations of sexual offences to instil fear in lay and religious people working with young people, usually to extort money,” said Fr. Kizito as he sought to clear his name.
At the time, Pope Benedict XVI urged a crackdown on sex pests in the church and challenged priests to report them to authorities.
But the task force chaired by Reverend Mutava Musyimi says that the grey areas in the Penal Code are fueling religion-related crimes. The task force was formed to investigate the Shakahola deaths in Kilifi County.
Pastor Paul Nthenge Mackenzie, the founder of Good News International Ministries, is in custody in connection with the deaths. He is said to have encouraged his followers to fast to death, and then disposed of bodies in shallow mass graves in the forest.
The existing gaps in the legal framework, the taskforce noted, hamper effective regulation, oversight, and transparent and responsible practices by religious organisations.
“Although the Societies Act provides guidelines for registration and governance, there is a need for a distinct policy framework and legislation that addresses the unique nature of religious organisations,” stated the taskforce in the report amid growing cases of churches being in the limelight for all the wrong reasons.
Cases abound of church leaders being caught in sexual scandals while others are implicated in money laundering schemes, and most of them either go unreported or are silently dealt with within church precincts, denying victims justice.
Pastor James Njuguna Kuria of First Born of the Holy Spirit Church in Ngong was, however, not lucky. The court last August handed him 70 years for defiling two minors.
The man of the cloth was convicted by Milimani court magistrate Carolyne Muthoni for defiling a 14-year-old girl and an 11-year-old boy.
“The courts will not sit idle while children are violated by people who are supposed to protect them,” said Muthoni.
Religion gives hope and is a source of optimism for every religious person, helps to keep up cohesion among people in society, and forms the basis of morality.
In Kenya, religion plays a key role in enhancing social order and providing guidance, comfort, and support to the people. Further, faith-based organisations have also assumed a role in helping to promote community development through education, healthcare, aspects of disaster response, and general community development initiatives.
“These initiatives have greatly shaped society and have greatly augmented the government’s development agenda. However, instances of abuse of religion have risen in the past, with the most recent being the discovery of mass graves where bodies have been exhumed in Shakahola forest occasioned by radical religious practices,” says the Musyimi-led taskforce.
Sexual perverts have permeated places of worship where victims are coerced into silence in the name of protecting the church. Tens of thousands of victims continue to suffer in silence, while lucky are a few like the 14-year-old girl in Homa Bay who tested justice.
Benard Tambo Odhiambo, a pastor at Seventh Day Adventist (SDA), was charged in court for defiling the girl in 2020. The clergyman denied the charge and was released on a Sh100,000 bond with a surety of a similar amount.
Tambo appeared before Homa Bay senior resident magistrate Joy Wesonga facing two counts. In the first count, he was accused of defiling the Standard Eight pupil.
The court heard that Tambo intentionally and unlawfully had carnal knowledge of the girl at Nyalkinyi village on December 2, 2020. In the second count, the pastor was accused of committing an indecent act with a child.
The court heard that the pastor intentionally and unlawfully touched private parts of the girl with his genitals. The clergyman denied the charges, saying none of them was true.
Such are some of the offences the taskforce has proposed a proper legal framework to address.
“The Shakahola tragedy revealed the presence of radical elements masquerading as religious entities. This tragedy involved criminal offences that exploited the sanctity of faith to perpetrate acts of violence, and thereby challenged principles of peace and communal harmony,” says the taskforce in its findings.
According to the Musyimi team, the existing criminal law regime does not comprehensively address the issue of religious extremism, cultism, and other crimes.
“This gap poses a difficulty in preferring criminal charges against individuals involved in the manipulation and exploitation of persons,” states the taskforce.
There is a need, according to members of the taskforce, for statutory clarity on crimes committed in the process of propagation of religious extremist ideologies.
Members of the team include Bishop Mark Kariuki, Bishop Eli Rop, Archbishop Maurice Muhatia, Judy Thongori, Rev. Alphonse Kanga, Bishop Philip Kitoto, Faridun Abdalla, Prof. Musili Wambua, Joseph Khalende Wabwire, Mary Awuor Kitegi, Charles Kanjama, Leah Kasera, Nancy Murega, Wilson Wanyanga, Mohammad Dori, Abdisalam Sheikh Mohamed, Sujurtha Kotamraju, and Bishop Amos Lewa.
In a rare ruling recently, a high court sentenced a Catholic priest found guilty of assaulting a 16-year-old girl to spend three years preaching about the country’s sexual crimes law.
Dominic Muli Nzioka, who served at Mivumoni parish in Mombasa, was ordered by Justice Ann Ong’iinyo to educate his congregants about the country’s Sexual Offenses Act.