Suspected Kilifi cult leader Paul Mackenzie and his 29 followers who are in police custody have suffered a blow after a court on Tuesday rejected their plea for special meals.
Shanzu Senior Principal Magistrate Yusuf Shikanda advised the suspects to stick to the prison’s standard diet unless there is special circumstance that needs interventions.
“With the existence of a standard diet, I agree with the state that a special or alternative diet may only be given upon recommendation by the Medical officer under rule 26(2) of the Prison Rules,” ruled the magistrate.
Mr Shikanda also ruled that the court does not possess the power and authority to direct that a certain diet be provided for the respondents.
Rule 47 of the Prison rules provides that every prisoner shall be supplied with bedding adequate for warmth and health and that additional or alternative bedding may be supplied to a prisoner on the recommendation of the medical officer.
Rule 49(1) stipulates that subject to the provisions of section 35 of the Act, every prisoner shall be entitled to a sufficient quantity of plain wholesome food, in accordance with the prisoners’ diet in the First Schedule.
On complaints regarding their treatment in prison, the court advised the respondents to follow the procedures laid down at the respective facilities and the provisions of Section 27 of the Persons Deprived of Liberty Act.
“However, if it is a matter that would require the court’s intervention, the respondents are at liberty to apply, through counsel and with notice to the prosecution, that the matter be mentioned for the court’s action,” added the magistrate.
On the issue concerning over Sh80,000 allegedly taken from two of the suspects, the court said the matter will be addressed at the next court session, once the prosecution consults with the investigators to ascertain the true position.
Through their advocate Wycliffe Makasembo, the respondents raised a number of issues concerning the stolen money, mistreatment and inadequate or bad food.
The advocate told the court that the respondents were being harassed by a group of inmates known as trustees and that they were sleeping on the bare floor.
“The act of lying on the bare floor has adversely affected the health of the respondents. We pray for orders that the officers in charge of the respective prisons be directed to provide mattresses for the respondents,” he said.
Mr Makasembno also asked for orders that the respondents be given good food and immediate medical attention when need arises.
The court also heard that the prison authorities were slow to act whenever any of the respondents fell ill. One of the respondents, Julius Katana Kazungu, alleged that Sh77,000 was taken from him by a police officer.
Daniel Makori also alleged Sh5,600 had been taken from him at the time of his arrest.
“if the money was not intended to be used as an exhibit, let the same be returned immediately,” said the advocate.
The advocate also raised concerns over the health condition of Evans Kolombe Sirya. It was alleged that he could hardly sit and was on a wheelchair.
“He has not been taken to hospital despite his numerous pleas. The court should order that he be taken to the hospital immediately,” said lawyer Makasembo.
However, Acting Assistant Director of Public Prosecutions Jami Yamina had responded that some of the issues raised did not require an adversarial approach.
He said that any complaints regarding safety, comfort, nutrition and medical attention were within the purview of the officers in charge of the facilities where the respondents may be detained.
“The health of persons detained in prison are to be handled by the medical officer. There is a standard diet for prisoners, which prison authorities in Malindi have been following,” said the prosecutor.
On complaints of mistreatment and harassment, Mr Yamina said the respondents were already in segregation and only interacted with the people who served them food.
The court has at the same time restrained Mackenzie’s wife Rhoda Mumbua Maweu from taking her child or being within the vicinity of the minor, who is under protection unless directed by the court. Ms Mumbua was released on a Sh100,000 bond on Monday.
Mackenzie and his followers are under investigation for the offences of aiding suicide, murder, abduction, radicalisation, genocide, crimes against humanity, child cruelty and fraud.
