Court told how police ignored land reports before Shakahola tragedy

“I verily believe that had our reports been acted on, the happenings would have been averted,” said Mr Mathethe, who testified under the guidance of Senior Assistant Director of Public Prosecutions Jami Yamina.

According to the officials, in July 2021, while conducting a routine inspection, they found individuals clearing parts of the land, some putting up shops and others building makeshift houses. On inquiry, they were told that a member of the Wa Baya Mwaro family had sold hundreds of acres, although none of the occupants could produce ownership documents.

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Further inspection on August 4, 2021, in the Shakahola forest revealed a dam and several structures, including one said to belong to Mackenzie.
“We found part of the land occupied by the invaders is the Shakahola forest, and Mackenzie, who had also started inviting others and reselling smaller portions to them,” said Mathethe.

The matter was reported to the Chief of Lango Baya, the local police station, and the Assistant County Commissioner. The company also reported to the Ministry of Education, raising concerns about irregularly constructed schools on the property.

“Our report to government authorities was meant to invite investigations and other action that would have revealed the nature of occupation and livelihood of people in Shakahola forest,” Mr Mathethe said. Despite these efforts, the officials testified, no action followed.

Mr Mathethe clarified that before their visit to the site and gathering information, the company had no prior knowledge of Mackenzie. He confirmed that the 2021 complaint was the company’s first formal report of the invasion.
“During our visit, we found strangers building houses. Unlike the ordinary squatters we knew, this group appeared different. One woman we met could not explain why her children were not in school, and later we learnt that their faith forbade formal education,” he said.

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The company resolved to seek police assistance to remove them, but their request was met with silence.
“My going to Lango Baya Police Station was to ask for support to evict them from the land. But the police took no action despite my reporting,” Mr Mathethe said.
He recalled that subsequent visits showed Mackenzie had begun parcelling out portions of land to his followers. The Wa Baya Mwaro clan, and in particular one Shadrack, was said to be at the centre of land sales without any legal claim.
“The squatters are the ones reselling our land to unsuspecting Kenyans. If they were not there, the Shakahola tragedy would never have happened,” he told the court.

Both directors insisted that the company remains the legitimate owner of the ranch, even though it is currently under receivership.
“The receiver manager at the Attorney General’s office has the mandate to seek eviction orders, which is why we as directors have not filed such applications directly,” Mr Mathethe explained.

Mr Kitsao gave a historical background of the company and its land disputes. He told the court that Chakama Ranching Company was incorporated in 1976 and allocated approximately 100,000 acres in November 1984.

From 1985, however, local communities began entering the land to graze cattle, fetch water, and cut down trees before eventually settling.
“Political intervention eventually saw the government purchase about 50,000 acres for resettlement, leaving the company with 50,000 acres,” he said.

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He added that the company later faced financial strain after its title was used to secure a loan fraudulently, leading to receivership.

Despite this, the directors have consistently maintained ownership of the remaining 50,000 acres and continue to hold title documents as proof. Kitsao firmly denied claims that the company sold any portion of the land to Mackenzie.

“We did not, and have not, sold land to Mackenzie. We do not know how he got into the property or how he caused the deaths. When we heard he had bought land, we wondered from whom, because it was not from us,” he said.

The directors concluded their testimony with an appeal to the state to take decisive action against squatters, whom they blame for creating a fertile ground for Mackenzie’s operations.

“The Wa Baya Mwaro are squatters. They claim ownership of the land but have no documents. We want them evicted because it is through the illegal sale of our land that Mackenzie and his followers gained access,” Mr Kitsao told the court while being cross-examined by Mackenzie’s lawyer, Lawrence Obonyo.

They urged the authorities to move quickly to evict the squatters and return full control of the ranch to its rightful owners, warning that continued inaction would lead to further disputes and possible tragedies.
The testimony was given in a case in which Mackenzie and 95 of his followers are facing several charges under the Prevention of Terrorism Act.

Read: Chakama Ranch: Kenya's cult hotspot and land of secrets
The state accuses them of engaging in organised criminal activity that endangered lives and resulted in the deaths of hundreds of followers. Prosecutors allege that Mackenzie and his associates promoted radical teachings that encouraged followers to fast to death in pursuit of religious transformation.
Mackenzie and his close ally Smart Mwakalama are further accused of facilitating terrorist acts by transporting members of Good News International between Shakahola forest and Malindi, thereby exposing them to danger.

In addition, Mackenzie and his wife face charges of possessing compact discs, digital video discs, books, and pamphlets allegedly intended to instigate terrorist acts in Furunzi, Malindi, between 2020 and 2023.

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