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Paul Mackenzie ordered to record statement with police on kidnapping allegations

Self-proclaimed pastor Paul Mackenzie (2nd left) and other suspects in the Shakahola massacre at the Tononoka Children’s Court in Mombasa County on January 25, 2024. (Photo: Farhiya Hussein)

By Farhiya Hussein | 04 Apr 2024

In her ruling, the magistrate stated that she was satisfied with the explanations given by both the commissioner and investigations officer.

The Shanzu Law Courts, on Wednesday, directed controversial pastor Paul Mackenzie to be escorted to the nearest police station to record a statement on an alleged plot to kidnap him in the presence of his advocate.

Mackenzie will be transported to either Mtwapa or Bamburi police stations to register his complaint according to the order given by Principal Magistrate Leah Juma.

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Juma issued the directive after Mackenzie, the main suspect behind the Shakahola massacre, cited the alleged abduction incident as the major reason for requesting to be transferred from Shimo la Tewa Prison to Malindi GK.

The pastor, who has been in custody at Shimo la Tewa Prison since last year, had implored the magistrate to relocate him, expressing concern that his numerous complaints to the court may have led to tensions with the prison authorities.

Mackenzie filed the request through his lawyer, Wycliffe Makasembo who insisted that his client was uncomfortable being held at Shimo la Tewa Prison.

The investigations officer, Steven Ambani, while appearing before the magistrate, however, denied receiving such a report. Ambani told the court that Mackenzie had not filed any complaint with the police as he claimed. Police, according to Ambani, would have acted swiftly and investigated the claims if reported.

Assistant Commissioner of Prison Kassim Kimuyu, the officer in charge of Shimo la Tewa Prison also appeared before the court to explain why Mackenzie was segregated from other suspects.

Kimuyu explained that Mackenzie is a convict sentenced to serve 10 months imprisonment by a Malindi court on December 1 2023 and could not be detained with remandees whose cases were pending in court. The commissioner added that the segregation was done in accordance with the law, specifically the Prison Act and Prevention of Terrorism Act.

In her ruling, the magistrate stated that she was satisfied with the explanations given by both Kimuyu and Ambani.

"In my opinion, I found the explanation given by the officer herein under oath to be reasonable. Indeed the prison act allows segregation of convicts. This court has not noted any violation of the law or the rights of the first accused person rights, who is a convict, a fact that has not been disputed," the magistrate stated.

Despite allowing Mackenzie to record a statement with the police, the magistrate rejected his application to be transferred from Shimo la Tewa Prison to Malindi GK. Principal Magistrate Leah Juma ruled that she lacked jurisdiction to rule on his application, directing him to approach the court that convicted him.

Magistrate Juma added that since Mackenzie was not found guilty by her court, it lacked the authority to mandate his relocation. However, he was at liberty to pursue appropriate procedures for requesting a transfer and warders ought to handle him and other co-suspects as guided by the law.

Meanwhile, the court also directed the probation department under the Ministry of Interior and the National Counter Terrorism Center (NCTC) to file their pre-bail reports within 30 days. The pre-bail reports are required to guide the court in determining an application by the prosecution to oppose the release of Mackenzie and his co-accused on bond.

The court also ordered NCTC to send a representative to the court during the next hearing without fail.