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Shakahola chief suspect Paul Mackenzie granted permission to meet wife, children

Self-proclaimed pastor Paul Nthenge Mackenzie walks to the Shanzu Law Courts in Mombasa on January 18, 2024. (Photo: AFP)

By Farhiya Hussein | 25 Apr 2024

Mackenzie had requested the court to direct Shimo La Tewa Prisons to arrange a meeting with his wife to discuss family matters, including their children.

Paul Mackenzie, the chief suspect in the Shakahola case, has been granted permission by Chief Magistrate Alex Ithuku to meet his wife, Rhoda Mumbua, who is also charged in the case. This meeting will be under strict supervision by the prison authorities.

Mackenzie had requested the court to direct Shimo La Tewa Prisons to arrange a meeting with his wife to discuss family matters, including their children.

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Additionally, Mackenzie and other male suspects have requested toiletries due to suffering from skin rashes.

Furthermore, Mackenzie asked to be transferred to another block within Shimo la Tewa prison, citing mental health concerns.

Chief Magistrate Ithuku expressed no objections from the state regarding Mackenzie's request, emphasising the importance of addressing family matters.

The prison authorities were directed to make necessary arrangements for the meeting and to provide toiletries.

“I see no objections on the part of the state. They need to make some decisions about their children and family,” said Chief Magistrate Ithuku.

Additionally, the court issued a summons to the prison authority to provide information on Mackenzie's custodial arrangements, stressing the importance of respecting the rights of each accused person.

However, the court also summoned the prison officer in charge to provide guidance on Mackenzie's request to be relocated to a different cell.

Meanwhile, the prosecution was granted additional time to facilitate exhibits and witness statements in the Shakahola massacre case involving Mackenzie and 94 others, who face 238 manslaughter charges.

Principal Prosecution Counsel Alex Gituma informed Ithuku that investigators had put together exhibits and witness statements in one master bundle for all four cases.

He submitted that a pre-trial meeting between the prosecution and the investigation team resolved to separate exhibits and statements based on each of the four cases.

Gituma, who was holding brief for the prosecution team led by Senior Assistant DPP Peter Kiprop, asked for two weeks for the tedious exercise to be completed.

Parties also agreed that each of the three counsels would receive a copy of the prosecution’s exhibits and testimonies.

Chief Magistrate Ithuku further directed that the hearing of the case will be conducted on a day-to-day basis to accord justice to Mackenzie and his co-Shakahola massacre suspects who have been denied bond.

The 40 women and 55 men linked to 429 deaths in the Shakahola massacre are faced with 238 counts of manslaughter contrary to Section 202, as read with Section 205 of the penal code.

They allegedly committed the offences on an unknown date between January 2021 and September 2023 in the Shakahola area in Malindi Sub-County within Kilifi County.

They all pleaded not guilty to all counts of manslaughter.