.Mombasa Chief Magistrate Alex Ithuku directed Mackenzie, his wife Rhoda Maweu and others charged with 238 counts of manslaughter, escorted to hospital for an immediate doctors’ examination
.The prosecution indicated that there was need for urgent intervention measures to rescue the accused persons, who are on hunger strike for several days
.The prosecution also argued its application to oppose the release of Mackenzie and his co-suspects in the Shakahola massacre on bond
A Mombasa court has today ordered for Shakahola key suspect Paul Mackenzie and 94 others taken to hospital immediately after staging a fresh hunger strike.
Chief Magistrate Alex Ithuku directed Mackenzie, his wife Rhoda Maweu and others charged with 238 counts of manslaughter, escorted to hospital for an immediate doctors’ examination.
The magistrate visited the accused in the court basement and later stated that he observed some can barely stand or open their eyes hence called for them to be treated immediately.
Hon. Ithuku’s directive followed an application by the prosecution seeking to have the accused persons examined by a medical practitioner on their nutrition and health condition.
The prosecution indicated that there was need for urgent intervention measures to rescue the accused persons, who are on hunger strike for several days.
Principal Prosecution Counsel, Alex Gituma and Prosecution Counsels Victor Simbi and Yassir Mohamed argued that section 13 and 15 of Persons Deprived of Liberty Act provides for the right to nutrition, diet and health care by a medical practitioner or nutritionist.
Hon. Ithuku also directed a social inquiry report on the current condition of the accused to be filed in court to guide it in further direction.
The prosecution also argued its application to oppose the release of Mackenzie and his co-suspects in the Shakahola massacre on bond.
The prosecution team argued that the accused are flight risks having abandoned their homes for Shakahola forest and the state would be at pain to locate them, if released on bond.
The accused are glaring at severe sentences, if found guilty, would make them abscond to escape potential penalty, the ODPP team stated.
The prosecution further stated it has a strong case against the 40 women and 55 men linked to 429 deaths in the Shakahola massacre.
The prosecution contends that Mackenzie and others are likely to interfere with key witnesses including victims and children, whom they have immense control and influence over them.
The potential witnesses are associated with Good News International (GNI) where the accused persons are religious leaders or devotees.
The prosecution team submitted that Mackenzie’s character antecedent is against his release on bail having been convicted on his own in two criminal cases in 23 July 2017 and December 2023 respectively.
The accused were charged with 238 counts of manslaughter contrary to Section 202, as read with Section 205 of the penal code.
They allegedly in pursuance of a suicide pact for the object of their death and others not before court jointly killed 238 people.
They are alleged to have committed the offences on an unknown date between January 2021 and September 2023 at Shakahola area in Malindi Sub-County within Kilifi County.
They all pleaded not guilty to all counts of manslaughter, which were read to them for four and half hours.
The matter will be mentioned on 5 March 2024 when the court will set a date for ruling on the prosecution application to oppose the bond.
