Shimo La Tewa Prison’s boss has been summoned to court to respond to claims that poisonous substances were secretly placed in controversial preacher Paul Mackenzie’s cell and water bottle in an alleged plot to eliminate him.
On Tuesday, September 2, Tononoka Children’s Court Principal Magistrate Nelly Chepchirchir issued orders for the prison boss to appear in court after Mackenzie claimed his life was in danger. He alleged that he had discovered a whitish substance around the neck of his water bottle and fragments of broken glass where he usually eats.
“The officer in charge of Shimo La Tewa Maximum Prison is hereby summoned to attend court to shed light on, and or answer to, the allegations made by Mackenzie,” said Ms Chepchirchir.
Suspected cult leader Paul Mackenzie at the Malindi High Court.
Photo credit: File | Nation Media Group
At the same time, the magistrate directed Mackenzie to file a formal petition before the appropriate court with jurisdiction to hear matters relating to violation, denial, infringement, or threats to fundamental rights and freedoms.
She further ordered that, for the remainder of the trial during court appearances, Mackenzie’s food distribution be supervised by judicial staff.
“Mackenzie shall be provided with food, milk and bread, which he shall consume in the presence of his counsel and a judicial officer,” directed the magistrate.
The court also instructed Mackenzie, through his lawyer Lawrence Obonyo, to lodge a formal complaint with the police to allow proper investigations into the claims.
Ms Chepchirchir further ruled that the exhibits, which include an unopened bottle of water and two folded papers containing broken glass, be retained by Mr Obonyo pending investigations, once he has filed the report as directed.
“The officer in charge of Shimo La Tewa Prison is to ensure that Mackenzie, and indeed all accused persons, are allowed to communicate with their advocates whenever necessary,” added the magistrate.
Pastor Paul Mackenzie (right) at the Malindi Law Courts on February 6, 2024, to plead to murder charges
Photo credit: Valentine Obara | Natiuon Media Group
The case had been scheduled for hearing, but proceedings stalled after Mackenzie raised concerns about his safety, claiming he had discovered whitish powder and pieces of glass near his water bottle.
Despite the prosecution having lined up three witnesses, he told the court he was unwilling to proceed until his concerns were addressed.
“We were ready to proceed but Mackenzie has raised serious concerns about his life being in danger. He is not ready to proceed before this court unless the issue is addressed,” said his lawyer, Mr Lawrence Obonyo.
Mackenzie further alleged that when he returned to prison last Friday after attending a murder trial in Mombasa, he found his cell open and materials he believed to be poison deposited inside.
“Alongside the said poison, there were materials the accused later confirmed to be pieces of ground glass and powder, all strategically placed where he normally kept his food. He also found that the bottle of water he had been given in court had been tampered with, and there were remnants of a white substance around the neck of the bottle,” said Mr Obonyo.
The lawyer added that Mackenzie’s efforts to reach him after the discovery on Friday were blocked or deliberately denied.
“The only time he has been able to reach me is today in court during the hearing. Because of this, he has unfortunately not eaten since Friday for fear of his life,” he said.
Mackenzie also claimed he had been reliably informed by eyewitnesses that three individuals were taken to his cell while he was attending proceedings at the Mombasa High Court, where he is facing 191 murder charges in connection with the deaths of children in Shakahola.
Pastor Paul Mackenzie speaks to his lawyer Lawrence Obonyo at the Mombasa Law Court on September 9, 2024.
Photo credit: Wachira Mwangi | Nation Media Group
He told the court that, having faced previous threats from the State over the Shakahola deaths, he believes this is the latest attempt on his life.
However, the prosecution team comprising Ngina Mutua, Jami Yamina and Betty Rubia downplayed the allegations, insisting Mackenzie should use the proper channels to raise his complaints.
Mr Yamina argued that the Director of Public Prosecutions (DPP) could neither pronounce himself on such claims pending investigations nor defend the position of any party.
“The Commissioner of Prisons has the power and authority to manage the safety, welfare and security of prisons, remandees and prisoners. The court should not interfere with his administrative duties,” he said.
He added that the Attorney General, as the government’s legal adviser and defender, is best placed to advise the Commissioner of Prisons where such advice is required.
The prosecutors stressed that the DPP is committed to ensuring a fair prosecution of all accused persons and would not wish to be seen as biased by taking a position on such claims.
“The accused should not be allowed to delay the hearing or hold the court to ransom over such allegations, particularly where the court already has an avenue for redress,” said Mr Yamina.
Good News International televangelist Paul Mackenzie and his accomplices at the Shanzu Magistrate's Court in Mombasa, where they listened intently to testimony against him in a terror-related case.
Photo credit: Wachira Mwangi | Nation Media Group
In this 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.
Documents presented in court reveal that the children were denied food and subjected to physical abuse, including slapping, beating and flogging with thorny sticks that tore into their skin, 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.
