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You are here: BAILII >> Databases >> United Kingdom Asylum and Immigration Tribunal >> JA (Mungik, not a religion) Kenya [2004] UKIAT 00266 (22 September 2004) URL: https://www.bailii.org/uk/cases/UKIAT/2004/00266.html Cite as: [2004] UKIAT 00266, [2004] UKIAT 266 |
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JA (Mungiki – not a religion) Kenya [2004] UKIAT 00266
IMMIGRATION APPEAL TRIBUNAL
Date of hearing: 30 July 2004
Date Determination notified: 22 September 2004
Before
Secretary of State for the Home Department | APPELLANT |
and | |
JA | RESPONDENT |
DETERMINATION AND REASONS
"a small, controversial, cultural and political movement based in part on Kikuyu ethnic traditions, which espouses political views and cultural practices that are controversial in mainstream Kenyan society. The number of Mungiki members is unknown, but the group draws a significant following from the unemployed and other marginalised segments of society".
Although it is described in that paragraph as a sect, there is nothing in the section about any belief system. We are hard pressed to know why the CIPU has dealt with Mungiki under 'religion' rather than the section on internal security issues. At paragraph 6.76 the CIPU report, says this.
"On 5 February 2003, assailants believed to belong to the Mungiki sect hacked a policeman to death and then burnt his body. They then stopped a commuter bus, and robbed a (sic) crew and passengers of money and mobile phones, and then set the vehicle ablaze. They then moved to Dandora Phase 1 where they ordered the driver of a Bus Track bus to stop. They then ordered the passengers out and in the process robbed them".
"The government historically has been unsympathetic to tribal religious groups that have engendered protest movements. The government frequently harassed and periodically arrested and detained members of the Mungiki, a small, controversial, cultural and political movement based in part of Kikuyu ethnic traditions which espouses political views and cultural practices that are controversial in mainstream Kenyan society. Whilst religion may have played a role in the formation of the group, observers believe that it is not a key characteristic of the group. The Mungiki do not adhere to any single religion and members are free to choose their own religion; the group includes Muslims and Christians. The number of Mungiki members is unknown, but the group does have a significant following from the unemployed and other marginalised segments of society. The debate over the right of the Mungiki to practice their cultural traditions and advance their political agenda is on-going".
"However, many observers characterise the Mungiki as a vigilante group or gang because of the criminal activities of some of its members as well as their reported harassment and intimidation of residents in areas where the group is active".
"During the year certain elements of this group were supporting ruling party presidential aspirant Huru Kenyatta (although he has repudiated them) and no longer were viewed to be targets of government harassment. In addition, the Mungiki were involved in or implicated in a number of violent attacks against political at ethnic rivals during the year".
"They criticised the Christian religion and their beliefs by telling me Christianity is not real because it was brought by a white man who introduced the bible and Christian religion in order to come into the black man's land and steal our wealth. He told me that during the early days the Kikuyus did not read the bible and there were no churches. They worshipped their god "Ngai" under a tree called Mgumo, slaughter goats as offerings under the tree when there was no rain and it could rain immediately. They did not wear the western clothes. So they were able to convince me to join their religion after giving me a lot of reasons.
When I accepted, they started disclosing their beliefs and secrets to me. First I had to take an oath if I left the sect I would be killed and I should not reveal the Mungiki secrets to a non-member unless he/she joins the cult. I must never communicate with Christians. As I wanted to join them I took the oath by eating uncooked meat mixed with blood. I did not know the type of meat it was. I had to smoke cannabis as a holy communion and I understood that our women followers are circumcised. My ears were to be pierced and some parts of my body were to be tattooed. Also, the cult believed in traditional medicine and would not allow any followers to go to hospital despite anyone had been really ill.
During my time with the Mungikis I was doctrined to disregard my Christian beliefs and follow their traditions. I was taught that to wear Western clothes was wrong and I should have both ears pierced. Some parts of my body were also tattooed. After being in the cult for at least 1 year, in the whole of 1999, I was reluctant to do what I was supposed to do and I felt that I should return or rejoin my church. This was the start of my problems because they wanted to punish me for trying to leave them and the leader and followers wanted me killed.
After I realised their evil things and evil beliefs were too much I was reluctant to follow what they had told me and I decided to rejoin my Christian ways".
"I reported this incident to the police but no action was taken".
He said much the same at his interview. In his earlier SEF statement he does not mention reporting the matter to the police at all.
"In relation to internal flight I note that the Mungkiki are based all over Kenya. The evidence shows there are over 3 million members of the Mungiki sect. The evidence also shows that the [respondent] tried to move away from his home area travelling some 1½ to 2 hours away but the Mungiki still managed to trace him. In the light of the fact that the [respondent] had attempted to move away from his home area but was traced I find that it would be unduly harsh to expect him to relocate in Kenya.
That was not the correct conclusion to draw. If the Adjudicator felt, on that evidence, that the respondent could not relocate it was not because it would be unduly harsh, it would be because he would not be able to escape the interest of the Mungkiki by doing so. However, there is not sufficient evidence to establish that he would be unsafe throughout Kenya. It is only if he could safely relocate that the question of undue harshness arises. There is no evidence in support of the contention that it would be unduly harsh to expect the respondent to relocate elsewhere. The finding that he could not relocate is unsound and was not open to the Adjudicator on the evidence before him.
C P Mather
Vice President
Approved for electronic distribution.
Kenya/Mungiki/not a relgion