Pastor Paul Mackenzie of Good News International Church will on Tuesday appear before the Senate Adhoc Committee investigating the circumstances under which more than 400 people died in Chakama Ranch within Shakahola Forest.
Mr Mackenzie was summoned by parliament on Saturday, just a week after the Officer in Charge of Shimo La Tewa Prison had refused to facilitate the process.
The move means that for the first time ever since the accumulated matter of Shakahola deaths occurred, the public will finally have a chance to see Mr Mackenzie, answering questions on the killings.
In his refusal, SSP Eric Ochieng had argued that he could only allow the service if he was directed by the Office of the Commissioner General, Kenya Prisons Service, a position that the Committee rejected.
SSP Ochieng’s move paves the way for what is most likely explosive, say-it-all engagement between the man suspected to be behind the killings and the committee.
The Officer in Charge was forced to facilitate the process service from parliament after the committee through its chairman Danson Mungatana threatened to hold him personally liable if Pastor Mackenzie would not appear before the committee on Tuesday.
A similar warning was issued to the Commissioner general of Prisons John Warioba, who was also served with the summons on Friday evening.
"We are warning SSP Ochieng that should he obstruct the service of summons, he will be obstructing justice which is criminal,” Mungatana told a press conference on Friday soon after it had grilled Pastor Ezekiel Oduor on what he knows about the Shakahola deaths.
Mr Mackenzie is among other individuals who had been expected to appear before the committee on Friday to shed light on the issue.
The Committee further directed Inspector General of Police Japheth Koome to arrest the pathologist and present him to the committee on Tuesday morning.
Others who were to appear are security and national administration officers who served in Kilifi County at the time of the deaths but were transferred by Interior CS Kithure Kindiki when the issue erupted into a national shame.
However, Parliament was unable to serve the officers as their whereabouts is not known.
Sources have revealed that Parliament process servers could not reach any of the officials through their mobile numbers, even though all are senior officers and still active in the civil service.
The initial invitation for the officers to appear before the committee was commandeered by Interior CS Kithure Kindiki decided to appear and “speak for the officers” in what he said was an attempt to protect the investigations.
“I have come because I want to protect the process [of investigations] so that justice can be realised for the families,” Kindiki told the Committee in July, arguing that some of the officers cannot speak even if they will be allowed to appear.
“Some of them are suspects and we will charge them. Some of them are witnesses and are at the centre of the prosecution case and we shall prejudice the case if we expose them. Some are persons of interest in the ongoing investigations.”
“I have come so that you direct the questions to me because these are critical duty bearers and their exposure will prejudice the investigations. I request the officers be excluded. I will answer all questions in the interest of justice.”
The CS insisted that he made the request in national interest. “I am not undermining the committee. I am under a constitutional oath to protect the country’s security, where offences exist to ensure justice is realized.
“Some of the officers you have invited don't have the information. Some have it, but can’t give it because they are culpable. You can drag a witness here but you will get nothing. What we want is truth, justice and accountability,” said Prof Kindiki.
