Controversial preacher Paul Mackenzie and his 94 co-accused will remain in custody until the case in which they are facing 238 manslaughter charges related to the Shakahola deaths is heard and concluded.
This is after Mombasa Court declined the suspects' plea to regain freedom as they waited for their trial to commence.
Chief Magistrate Alex Ithuku shot down their application to be freed on bond citing the gravity of the offenses.
"There is no proof that the accused persons have permanent residence since they were all arrested at Shakahola thus it will be difficult for them to be traced if they don't appear in court. Therefore, they are a flight risk," he ruled.
The court agreed with the Office of the Director of Public Prosecutions (ODPP) statement that the charges against the accused are serious and that there would be tampering with witnesses because most of them (witnesses) are minors.
Mr Ithuku further stated that the suspects may fail to turn up in court when granted bail considering that the charges they are facing attract a maximum of life imprisonment if convicted.
This, the court agreed with the ODPP, may encourage the suspects to jump bail and disappear when released before the case is heard and concluded.
Also, the court observed that no evidence was tabled before it to confirm the suspects' permanent residence where they can be found when released on bond since they were arrested in Shakahola forest where at least 420 members of the Good News International Church perished.
The prosecution had opposed any attempts to release Mackenzie and his accomplices on bond arguing that they were flight risks, without known residences and, hence would fail to attend trial, if released.
The DPP further added that the severity of the sentences facing Mackenzie, his wife Rhoda Mumbua and others, if found guilty would make them abscond to escape potential penalty.
The prosecution further stated the 40 women and 55 men linked to 429 deaths in the Shakahola massacre will abscond trial, as they are aware of the strength of the prosecution case against them.
The prosecution contended that Mackenzie and others are likely to interfere with key witnesses including victims and children, whom they have immense control and influence over them.
The court was told that potential witnesses are associated with Good News International (GNI) where the accused persons are religious leaders or devotees.
The prosecution team submitted that Mackenzie’s character antecedent is against his release on bail having been convicted on his own in two criminal cases on 23 July 2017 and December 2023 respectively.
The accused were charged with 238 counts of manslaughter contrary to Section 202, as read with Section 205 of the penal code.
They allegedly in pursuance of a suicide pact for the object of their death and others not before court jointly killed 238 people.
They are alleged to have committed the offenses on an unknown date between January 2021 and September 2023 in the Shakahola area in Malindi Sub-county within Kilifi County.
