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Shakahola child torture: Paul Mackenzie, 38 others to be served with witness statements

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 | 23 Apr 2024

Principal Magistrate Nelly Chepchirchir further directed the prosecution to serve the accused with all exhibits it will rely on in its case.

A Mombasa court has directed suspected cult leader Paul Mackenzie and 38 others to be served with witness statements and exhibits in their child cruelty and torture case following the Shakahola massacre of at least 429 people.

Principal Magistrate Nelly Chepchirchir further directed the prosecution to serve the accused with all exhibits it will rely on in its case.

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During the pre-trial hearing on Tuesday, the accused's lawyer, Wycliffe Makasembo, failed to appear in court, causing the magistrate to direct the prosecution to serve him through his last known address.

Mackenzie's 38 co-accused are the parents of child victims rescued from the Shakahola forest in Kilifi County after Mackenzie allegedly convinced his followers to starve themselves to death to meet Jesus.

The suspects are all in custody as they were denied bond. Chepchirchir directed that they remain in prison until their case is concluded after allowing the prosecution's application to oppose their release.

“Having considered the nature of offences that the accused persons are charged with and the need to safeguard the best interests of the children who are witnesses in this matter and whom the accused may or have authority over, I find that these are compelling reasons to warrant all the accused persons being denied bond at this point,” she ruled.

However, the court indicated that it would expedite the hearing of the case to ensure all parties were accorded justice.

Mackenzie and the others were charged with 17 counts of offences under the Children Act of 2012, the Prevention of Torture Act of 2017, and the Basic Education Act of 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 on a child's right to education.

The accused persons allegedly committed the offences on unknown dates between 2019 and 2023. They have denied all the charges levelled against them.

The prosecution team includes Senior Assistant Director of Public Prosecution Peter Kiprop; principal prosecution counsels Victor Owiti and Betty Rubia; and prosecution counsels Eunice Odongo and Biasha Khalifa.

The case will be mentioned on May 2, 2024, for the affidavit to be confirmed and a hearing date set.