Court Orders Paul Mackenzie Be Charged Afresh After New Evidence Revealed

Paul Mackenzie and other Shakahola suspects before court. PHOTO|ODPP

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The controversial preacher Paul Mackenzie and 38 others implicated in the Shakahola massacre will face renewed charges in an ongoing case of child cruelty and torture, as the prosecution has unearthed fresh evidence.

In a statement released by the Office of the Director of Public Prosecution on Friday, it was announced that the 39 suspects are scheduled to appear before Principal Magistrate Nelly Chepchirchir at the Tononoka Children’s Court next month. This development comes in light of new evidence connecting them to 17 counts of child torture and cruelty.

The recently discovered evidence comprises witness testimonies, video and audio exhibits, as well as forensic and expert reports, among other materials.

The Director of Public Prosecutions (DPP) stated that the case was initially scheduled for a hearing on Friday but was postponed due to the absence of Mackenzie’s lawyer, Wycliffe Makasembo. Consequently, the Magistrate instructed that the defense lawyer be notified about the rescheduled hearing date.

“Chepchirchir directed the prosecution to inform him through his last known address of the next mentioned date and production order of all the accused persons,” stated the DPP.

“The court intends to fix a hearing date on 4th June 2024 in the presence of the defence counsel and his clients, who were denied bond for being a flight risk.”

At the Thursday hearing, the court waived the need for the accused individuals to be physically present but permitted them to participate virtually from Shimo La Tewa Maximum Security Prison.

Magistrate Chepchirchir affirmed her commitment to expediting the case’s proceedings to ensure that all involved parties receive fair treatment and justice.

The recent developments follow a court order last week instructing that Mackenzie be provided with witness statements and exhibits related to the case. Mackenzie and his 38 co-accused, parents of children rescued from the Shakahola forest, face charges under various acts including the Children Act 2012, the Prevention of Torture Act 2017, and the Basic Education Act 2013.

The charges encompass two counts of subjecting a child to torture, with an alternative charge of assault causing actual bodily harm, nine charges of cruelty to a child, and six counts of violating a child’s right to education.

All defendants have pleaded not guilty to the charges brought against them. The case is scheduled for mention on June 4, 2024.