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Shakahola massacre: Paul Mackenzie denied bond in manslaughter case

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The suspected cult leader and 94 of his co-accused will remain in custody until their case is concluded.

A Mombasa court has denied suspected cult leader Paul Mackenzie and 94 other suspects release on bond or cash bail in a manslaughter case following the Shakahola massacre of at least 429.

In his ruling on Monday, Chief Magistrate Alex Ithuku concurred with the prosecution, which said Mackenzie and his co-accused lack a permanent place of abode.

Ithuku further stated that the prosecution had given compelling reasons against the release of the suspects, noting that since they face serious charges, they are highly likely to abscond.

The court also ruled that the 95 would interfere with witnesses if released on bond or bail. It directed that they remain in custody until their case is concluded.

The prosecution opposed the release of the suspects, arguing that they were flight risks.

The Office of the Director of Public Prosecutions (ODPP) further argued that Mackenzie, his wife Rhoda Mumbua and others would abscond to escape the serious penalties they would face if found guilty.

The prosecution further stated that the 40 women and 55 men linked to the 429 deaths were aware of the strength of the prosecution's case against them and would therefore jump bail if released from custody.

The prosecution further stated that the suspects had immense control and influence over key witnesses, including victims and children, so their release would jeopardise the prosecution.

The court heard that the potential witnesses are associated with Good News International Ministries, where the accused persons are religious leaders or devotees.

The prosecution submitted that Mackenzie’s character antecedent is against his release on bail, having been convicted on his own in two criminal cases on July 23, 2017, and December 2023.

The 95 are charged with 238 counts of manslaughter, as per Section 202, as read with Section 205 of the Penal Code.

They, and others not in court, are accused of convincing the devotees to starve themselves to death to meet Jesus. They allegedly committed the offences between January 2021 and September 2023 in the Shakahola area in Malindi Sub-County, Kilifi County.

They all pleaded not guilty to all the counts of manslaughter, which were read to them for four and a half hours.

The court directed that the matter be expedited and set April 25, 2024, as the pretrial hearing.

Ithuku also directed that Mackenzie and his co-accused be present throughout their trial.

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