The State has disclosed to the controversial preacher Paul Mackenzie the kind of evidence they intend to use to prosecute him over the Shakahola massacre, even as his lawyer's continued absence from court delays the hearing of the case.
Lawyer Wycliffe Makasembo, who has been offering legal services for the preacher and his 38 co-accused, has been noticeably absent from at least two court sessions.
In one of these sessions, the Tononoka Children's Court had to reschedule the matter for a mention instead of slating the case for a hearing.
Principal Magistrate Nelly Chepchirchir could not place the matter for hearing last week in the absence of the advocate who has been providing legal services to the Shakahola massacre suspects.
Instead, the magistrate instructed that the case be mentioned on June 4 - to set a date when witnesses can begin presenting their evidence.
Furthermore, the magistrate also instructed the prosecution to notify Mr Makasembo of the new court date so that the case could be scheduled for the presentation of the evidence from the witnesses, including children who survived the abuse at Shakahola forest.
On April 25, the lawyer did not appear in court, leaving Mr Lawrence Obonyo to take on the role of lead counsel, a position that Mr Makasembo has been actively fulfilling since the preacher's arrest in connection with the deaths of over 429 members of his Good News International church.
Kilifi cult leader Paul Mackenzie at the Shanzu Law Courts April 3, 2024.
Photo credit: File | Nation Media Group
This was the day Mackenzie and his 94 accomplices in the manslaughter case cried foul over skin infection and demanded to be supplied with bathing soap and other toiletries.
At the same time, Mackenzie also demanded to be allowed to meet his wife, Rhoda Mumbua Maweu, in prison to discuss family matters.
The prosecution has already disclosed to the suspect the materials they will rely on to prove their case against him.
The evidence includes witness statements, video and audio clips, and evidence obtained forensically from exhibits recovered in the forest and expert reports.
Mackenzie and his 38 co-accused about the 17 counts of torture and cruelty against children who survived the deadly fast in the forest were handed the evidence.
The supply of these materials sets the stage for the Tononoka Children’s Court to begin the trial against the accused persons.
All the 39 suspects will also need to appear in court in person next month. They were excused from appearing in court physically in the past proceedings.
Court denied bail to the suspects in March due to concerns that they might not show up for the case hearing.
This is because the suspects do not have a permanent residence, as they were all arrested inside the forest in Malindi.
Mackenzie and his 38 co-accused, who are parents of children victims rescued from the Shakahola Forest, have been charged with 17 counts of offences under the Children Act 2012, the Prevention of Torture Act 2017, and the Basic Education Act 2013.
These charges include two counts of subjecting a child to torture with an alternative count of assault causing actual bodily harm, nine charges of cruelty to a child, and six counts of infringing a child's right to education.
The accused persons allegedly committed the offences on unknown dates between 2019 and 2023 at Shakahola Forest, Kilifi County.
