Shakahola massacre: Bond hearing for Paul Mackenzie, co-accused pushed over health concerns

Paul Mackenzie, the chief suspect in the Shakahola massacre of at least 429 people, was too frail to stand in court on Tuesday for the hearing of his application for release on bond.

Mackenzie, an alleged cult leader and self-proclaimed pastor of the Good News International Ministries, faced Chief Magistrate Alex Ithuku at the Mombasa Law Courts along with 94 other suspects.

They appeared weak and emaciated after reportedly going on a hunger strike, sparking concerns about their health and readiness for the hearing.

The suspects' lawyer Wycliffe Makasembo said they went on a fast in response to frustrations by the state.

"My clients are weak because of the fasting. The state is responsible for their fasting because of the psychological torture of moving them from one court to another. They should be counselled to eat," he said.

So frail were the suspects that Ithuku earlier visited them in the court cells and ordered their nutritional evaluation and treatment, and postponed the bond hearing to March 5, 2024.

"I saw the accused persons in their basement cells. Some can barely stand or open their eyes. As a matter of urgency, I order that they be escorted to a medical facility to be examined and their health needs [catered] for," he said.

His ruling followed an application in which the prosecution asked the court to order the suspects taken to hospital for medical checks to establish their nutritional health.

Sections 13 and 15 of the Deprivation of Liberty Act allow intervention regarding nutrition and health care in instances where the accused persons are on hunger strike.

Some of the suspects in the Shakahola massacre of at least 429 people appear at the Mombasa Law Courts on February 20, 2024. (Photo: Farhiya Hussein)

State prosecutors Victor Simbi and Alex Gituma earlier filed an application opposing the suspects' release on bond, arguing they were flight risks without known residences, and were therefore likely to skip trial if freed.

Simbi and Gituma further said that given the severity of the crimes Mackenzie, his wife Rhoda Mumbua and others were facing, they were likely to abscond trial to avoid penalties and other punishments.

The prosecutors added that the 40 women and 55 men linked would fail to attend trial as they were aware of the strength of the prosecution's case against them.

"We are inviting the court to note they are charged with 238 manslaughter cases, hence the seriousness of offences. The nature of the charges they face, the strength of the prosecution's case, which is very solid, and the chances of them being acquitted are very minimal," Simbi said.

The suspects allegedly committed the offences between January 2021 and September 2023 in the Shakahola area of Malindi Sub-county, Kilifi County. They are accused of luring followers into fasting themselves to death to meet Jesus.

The prosecutors also noted that Mackenzie and his co-accused were likely to interfere with key witnesses including victims and children, on whom they had immense control and influence. The potential witnesses are associated with Good News International Ministries, where the accused persons are religious leaders and devotees.

"We have a religious leader and his followers who convinced people to move from their homes to a forest and starve to death. If one has so much influence on you- to convince you to starve to death - there is the likelihood to interfere with witnesse," Simbi said.

The team further submitted that Mackenzie had already been convicted in two criminal cases - in July 2017 and December 2023.

Some of the suspects in the Shakahola massacre of at least 429 people appear at the Mombasa Law Courts on February 20, 2024. (Photo: Farhiya Hussein)

Makasembo opposed the prosecution's application, saying it was speculatory as there was no evidential backing, and that it carried personal opinions and was fictitious, thereby violating his clients' rights.

Noting that suspects are innocent until proven guilty, he said Mackenzie and the 94 others should not be punished via the denial of bond.

The lawyer also noted the many cases against his clients should not be grounds for denying them release.

"They haven't considered the issue of acquittals," he said. "Their permanent basis is within Shakahola hence the issue of flight risk is baseless."

Makasembo and lawyer Lawrence Obonyo, for Mackenzie's wife, requested a social inquiry report on each of the accused.

Obonyo told the court that Mumbua had a six-year-old child she was looking after, hence her wish to be granted bail

He added that she was not charged with murder and child abuse and only faces manslaughter and terrorism charges.

The lawyer also said Mumbua was previously granted a cash bail of Sh300,000 and that the title deed that was issued was yet to be discharged.

"She is a sole giver [of this child]. An innocent soul will suffer. The minor is neither a witness nor a protected witness and thus requires parental care in this case. The court is invited to look at the interests of the child as opposed to allegations by the state," he said.