Controversial Kilifi preacher Paul Nthenge Mackenzie has been found guilty of using unclassified films to advance his radical teachings.
Malindi Senior Resident Magistrate Onalo Olga ruled that the prosecution proved beyond reasonable doubt the two counts of the pastor being in possession of unclassified films and operating a filming studio without a valid filming licence.
“I do find the accused person herein guilty and do accordingly convict him of the offences of being in possession and distributing films to the public which had not been examined and classified by the Kenya Film Classification Board and for operating a filming studio and producing films without a valid licence,” said the magistrate.
The magistrate however acquitted Mackenzie on the first count where he had been charged with incitement to disobedience of the law contrary to Section 96 (C) of the Penal Code.
The State had argued that Mackenzie incited children against attending school and further using the films to incite Christians against Hindus, Buddhists and Muslims on their religion.
“I do hereby, in respect to count one, find that the prosecution has not proved the charge to the required standard, consequently, for count one, on the offence of incitement to disobedience of the law, the accused is acquitted pursuant to Section 2015 of the Criminal Procedure Code,” said the magistrate.
In mitigation, Mackenzie had told the court that he had never caused conflicts between religions through his preaching, which focused on end times message to his followers and those who cared to listen.
“The contents in the DVDs for end time count down series was of different pastors and churches all over the world. I had a TV station for the Good News International Church but the prosecutions did not bring evidence to show that the videos brought to court were broadcasted on Times Television,” he said.
Mackenzie told the court that he was aware that his end times messages are on a YouTube channel titled Times TV and that he was the one who uploaded the same to convey his messages.
However, the court ruled that the State, through Senior Prosecution Counsel Joseph Mwangi, proved the case against Mackenzie beyond any reasonable doubt.
The magistrate noted that Mackenzie failed to dislodge himself from the evidence of the four prosecution witnesses and exhibits including videos footages of himself delivering the radical preaching.
Also, the court observed that Mackenzie admitted that Times Television belonged to his church, where DVD films containing sermons on end time items were recovered in his office.
“Once again, in the DVDs, which were played in court, the court found one titled 'Ndoto Obama Coming Edited' and the broadcast started off with the title 'Watch end time messages everyday' he added too that he knows his end time messages are on YouTube and that it is he who uploaded them,” said the magistrate.
Mackenzie is now awaiting sentencing. Both the State and Mackenzie had been given time to prepare mitigation and submission on sentencing.
The court has also ordered that a pre-sentence report to file by the Probation and Aftercare services.
In this case, Mackenzie faced three counts of incitement to disobedience of the law, possessing and distributing to the public films which have not been classified by KFCB and producing films without a valid licence from the board.
He was charged that on April 11, 2019, in Malindi town, he was found in possession of cinematographic films intended to incite children against attending school. The state said he did this jointly with others not in court at the time.
The state had argued that the films contained incitement materials against Hindus, Buddhists and Muslims.
Mackenzie was further accused that on diverse dates between January 1, 2019 and April 11, 2019 at his church, together with others not before court, he was found exhibiting films to the public through Times Television which had not been examined and classified by KFCB.
Mackenzie was also charged that on April 11, 2019, he was found operating a filming studio and producing films for public consumption without first registering as a film agent or acquiring a filming licence.
Mackenzie is currently being held at Shimo la Tewa Prison in connection to the Shakahola tragedy which resulted in the death of 400 of his followers.
The court has allowed Mackenzie more time to file a response to the State’s application seeking to detain him for a further six months.
Shanzu Senior Principal Magistrate Yusuf Shikanda at the same time allowed Mackenzie’s lawyer Wycliffe Makasembo’s to meet the accused and his co-accused to get information to put in the replying affidavit.
Mr Shikanda directed that the suspects who are being held at Kilifi and Malindi prisons be brought to Shimo la Tewa Prison next week for a one hour meeting with their advocate.
The court also directed that Sh103, 000 recovered from deceased suspect Joseph Buyuka be presented in court on November 20, 2023.
The magistrate also directed that an identification card belonging to Makenzie wife's Rhoda Wambua, which was confiscated by the State, be returned to her.
The State has cited several reasons why it wants Mackenzie and his followers detained for a further 180 days pending conclusion of investigations into what happened in Shakahola forest.
