Controversial preacher Paul Mackenzie boycotted his case hearing on Wednesday citing fear of abduction and discrimination at Shimo La Tewa prison where he is being held over the deaths of 429 adherents of Good News International Church.
Mackenzie remained at the Shanzu court premises but refused to appear in the courtroom before Shanzu Principal Magistrate Leah Juma for his bond application hearing.
His lawyer, Wycliffe Makasembo, made frantic efforts to convince him to attend court, but the doomsday preacher flatly rejected the plea.
The lawyer informed the court that Mackenzie alongside his 94 associates are afraid of being abducted, without specifying who was targeting them for abduction.
"I want to inform the court that Mackenzie is facing segregation and discrimination by prison authorities. He is not allowed to interact with other suspects," Mr Makasembo stated.
Therefore, the lawyer requested the court to adjourn the case to allow the prosecution, defense, investigation officer, and prison officials to look into the issues.
"I suggest a meeting between myself, the prosecution, Chief Inspector Raphael Wanjohi, and the head of Shimo la Prison maximum to address the matter," the lawyer proposed.
Mr Makasembo also asked the court for time to educate his client on the legal aspects related to their detention.
However, the prosecution, led by Mombasa Assistant Director of Public Prosecutions Peter Kiprop, opposed Mackenzie’s application, terming the suspect’s abduction claims as a theatric to delay the proceedings.
“We, the prosecution side, are ready to proceed with the bail application and opposition hearing. We can proceed to hear this application even in the absence of Mackenzie,” said Mr Kiprop.
The Prosecutions team stated that Mackenzie's application to adjourn the matter was not supported by any law.
In her ruling, the Magistrate summoned the in-charge of Shimo la Tewa prison to appear before her to respond to Mackenzie’s concerns.
The prison boss is expected to respond to Mackenzie's segregation from other suspects claims and allegations bordering on the violation of his rights.
Chief Inspector l Wanjohi, is also expected to clarify allegations of abduction.
The court also directed the probation department to prepare pre-bail reports to guide the court in determining applications for and against bonds by both parties.
“The National Counter Terrorism Center to prepare a psycho-social report on each of the accused persons,” directed the magistrate
Mackenzie, his wife Rhoda Mumbua Maweu and 93 others have denied four offences under the Prevention of Terrorism Act 1012.
In the first count, Mackenzie alias Mtumishi alias Nabii alias Papaa, Ms Maweu, Smart Mwakalama and his wife Mary Kadzo Kahindi and 28 others were charged with the offence of engaging in organized criminal activity in contravention of the Prevention of Organized Crimes Act, 2010.
The charge sheet reads that being members of the Good News International Ministries, an organized criminal group, the accused persons engaged in organized criminal activities thereby endangering lives and leading to the death of 429 members and followers.
Mackenzie, Ms Maweu, Mr Kwakalama, his wife and 28 others were also charged with radicalization, where the state alleged that the suspects promoted an extreme belief system for the purpose of facilitating ideologically based violence to wit fasting to death by advancing religious change.
The offence is alleged to have been committed on diverse dates between 2020 and 2023 at Kwa Mackenzie area of Shakahola Forest, Kilifi County.
Mwakalama is alleged to have been Mackenzie’s right hand man in Shakahola forest where 429 bodies of adherents of a cult were exhumed.
Another group consisting Baron Chahenza and 63 others were also charged with radicalization, where the state accused them of adopting an extreme belief system for the purpose of facilitating ideologically based violence to wit fasting to death by advancing religious change.
Mackenzie and Mwakalama have been separately charged with the offence of facilitating the commission of a terrorist act, where the state alleged that the two, with intent to commit a terrorist act, facilitated the commission of the act by transporting members and followers of Good News International Ministries between Shakahola forest and Malindi town thereby endangering their lives.
Mackenzie and his wife have been additionally charged with the offence of being in possession of an article connected with an offence under the Prevention of Terrorism Act 2012.
The court heard that the two were found knowingly in possession of compact discs (CDs), DVDs, books and pamphlets for use in instigating the commission of a terrorist act to wit endangering the lives of the members and followers of his church.
The state alleged that the two suspects committed the offence at the Furunzi area in Malindi on different dates between 2020 and 2023.
The court will make further direction when the matter will be mentioned on March 27, 2024.
