According to documents filed in court, the State is keen to ensure that the victims’ health is restored before considering the next step, which could involve either reintegration into the community or criminal prosecution, depending on the outcome of the investigations into the Shakahola massacre .
Court documents show that the victims still hold on to their beliefs, so they need to be monitored to prevent further deaths.
Shakahola cult leader Paul Mackenzie (in pink) is pictured with some of his followers at the Shanzu Law Courts in Mombasa County on May 2, 2023.
Photo credit: Kevin Odit I Nation Media Group
They also need to be psychologically assessed before they can be released back into society. However, the State has already indicated that it is not interested in charging any of the victims.
But the State believes that the victims have not yet recovered physically, mentally or spiritually and therefore cannot be released to return to their families.
When the victims were brought before Shanzu Senior Principal Magistrate Joe Omido last month, the State, through Senior Public Prosecutor Jami Yamina, stated that it did not intend to press charges against them.
The prosecutor had clarified that the purpose of bringing the victims before court was to seek intervention to save their lives because of the hunger strike they had embarked on while in the rescue centre.
“The intention was to bring them to court as arrested persons and inform them of the reasons for their arraignment. We did not intend to charge them and proceed with a full prosecution,” said Mr Yamina.
He explained that since the hunger strike and the attempted escape from the rescue centre had been resolved, there was no need to remand them in prison.
While at a Mtwapa rescue centre, the court was informed that the victims had resumed their fast and wanted to be left alone to die and meet their God.
65 followers of Paul Mackenzie rescued from Shakahola Forest at the Shanzu Law Courts where they were charged with attempted suicide.
Photo credit: Kevin Odit I Nation Media Group
This prompted the authorities to rush to court and request that the victims be transferred from the rescue centre to Shimo la Tewa remand prison, where they could be force-fed. They were even charged with attempting to commit suicide.
According to a charge sheet read to them in open court, the suspects attempted to kill themselves by skipping meals. However, they were not required to answer to this charge.
The State was concerned that unless immediate action was taken to find an alternative holding facility, such as a prison where the law allows prison authorities to enforce rules to save lives, another tragedy would occur at the rescue centre.
This request was granted and the victims were transferred to the prison, where they remained for almost a week. Four days later, the State reported that the victims had resumed eating, so there was no need to keep them in prison.
Sixty-four of them were then returned to the rescue centre, while one victim remained in the remand prison for refusing to comply with the conditions set by the court, such as eating and cooperating with the police.
Mr Yamina told the court that the reintegration of the victims into society would be considered in due course.
This is because after being rescued from the forest, they continued to starve in the rescue centres.
Some of the followers of Paul MAckenzie at arraigned at the Shanzu Law Courts
Photo credit: Kevin Odit I Nation Media Group
This forced the government to take them to hospital for treatment before returning them to the Sajahanadi Rescue Centre for counselling and recovery.
But when they began boycotting meals and demanding to be released so they could continue their fast to see Jesus, the state had to act quickly.
“The detainees refused to eat the breakfast, lunch and dinner served to them from June 6 to 11, saying they wanted to die and see their creator (God),” said Corporal Joshua Nyambu.
Not only did they deny themselves food, they also forced the minors to fast.
By the State’s own admission, the rescue centres provided an opportunity for some of the victims to continue their radicalisation. This was interpreted by the State as witness interference, which could have compromised the investigation and necessitated detention.
According to investigations, some of the 65 victims lost relatives, including children, brothers, sisters, husbands and wives in the deadly Shakahola cult, which has so far claimed over 400 lives.
Even as the State considers what to do with the 65 victims once their health is restored, the Kenya National Commission on Human Rights (KNCHR) wants the authorities to treat them as people suffering from mental illness rather than as criminals.
In its advice to the court and the Office of the Director of Public Prosecutions (ODPP), the commission, through its deputy director of legal services Beryl Orao, has opposed any attempt to charge the victims with the offence of attempted suicide.
The commission argues that while Section 226 of the Penal Code is yet to be repealed, the prevailing government policy is to provide protective measures rather than prosecute persons who attempt suicide.
