Appearing before Tononoka Children’s Court, the officer in charge of the facility, Abdi Willy Adan, questioned Mackenzie’s claims about suspicious items being planted in his cell, pointing out that Shimo la Tewa is a maximum security facility where such objects cannot easily be smuggled inside.
On Tuesday, Mackenzie claimed to have found white powder around the neck of his bottle and fragments of broken glass where he normally eats. He further alleged that on returning from a court session last Friday, he found his cell open and suspected poison left inside.
“The prison does not provide bottled water. I want to know how the accused ended up with such items. Every prisoner is frisked before leaving or re-entering the facility,” Mr Adan stated.
The prison boss linked Mackenzie’s latest allegations to his unsuccessful request to be transferred to Manyani Prison. He recounted his routine patrols, including a Saturday inspection of the block under construction for terror convicts and another section where Mackenzie is being held.
A prison officer walks past a house at Shimo la Tewa Medium Prison in Mombasa County, on February 7, 2023.
Photo credit: Wachira Mwangi | Nation Media Group
He said that although he did not check the block housing Shakahola suspects, he personally met Mackenzie during the visit.
“We greeted each other and later he asked to be transferred to Manyani Prison, saying he wanted a change of environment,” Mr Adan told Principal Magistrate Nelly Chepchirchir.
The officer explained that the request was denied because of the seriousness of the charges Mackenzie is facing, which require him to remain in a maximum security facility. He added that it would also be costly for the government to transport him from Manyani to Mombasa for every court session.
He also produced visitor records showing that the last official visit took place on August 28, disputing Mackenzie’s suggestion that outsiders may have accessed his cell. Mr Adan dismissed claims of a hunger strike, saying prison records showed otherwise.
“The last hunger strike was in February. Mackenzie, together with Mzee Smart Deri and Steve wa Mtwapa, continue to take meals. Only the other co-accused refused food yesterday,” he clarified.
On communication rights, the officer told the court that inmates are allocated specific days to make calls. He said Mackenzie’s group only missed their turn because they were attending court, not because they were denied access.
Mackenzie had claimed that eyewitnesses told him three strangers had been taken to his cell in his absence. Out of fear, he said he had not eaten since then.
The prosecution team dismissed the claims, arguing that Mackenzie should raise his concerns through established prison channels rather than use them to stall proceedings. Prosecutor Jami Yamina said the Director of Public Prosecutions could not take a position on the allegations, noting that responsibility for the welfare of inmates lies with the Commissioner of Prisons.
He added that the Attorney General is the government’s legal adviser and is best placed to guide the prisons department where necessary. The prosecution stressed that the DPP is committed to a fair trial and cautioned that Mackenzie should not be allowed to delay proceedings or hold the court to ransom over such claims.
On Wednesday, Mackenzie and his co-accused staged another hunger strike, claiming torture and mistreatment by prison warders. They asked the court to adjourn the case, but the prosecution team led by Mr Yamina alongside Rubia Betty, Victor Owiti, Biasha Khalifa and Ngina Mutua, opposed the application, saying six witnesses were already lined up to testify.
“This appears deliberate by the accused to delay justice,” argued Ms Rubia.
Principal Magistrate Chepchirchir agreed with the prosecution and declined to adjourn the matter, ruling that self-imposed hunger strikes were not a valid reason to halt proceedings.
In the case, Mackenzie and 38 others face 17 counts relating to the violation of children’s rights, including the right to basic education. The court heard that Mackenzie and his group tortured children by slapping and whipping them while enforcing the deadly fast in Shakahola forest that claimed more than 429 lives. The victims were aged between six and 17 years.
Locals from Shakahola Centre help dig up graves at Shakahola Forest part of the 800 acres linked to Paul Mackenzie of Good News International Church in this past photo taken on June 6, 2023.
Photo credit: File I Nation Media Group
Documents presented in court reveal that the children were denied food and subjected to physical abuse, ultimately causing injuries and starvation. According to the records, Mackenzie, together with Smart Deri Mwakalama alias Mzee Smart, Stephen Sanga Muye alias Steve or Steve wa Mtwapa, and Evans Kolombe Sirya, personally carried out the beatings.
