Shakahola cult: Pastor Paul Mackenzie held for months without trial
Pastor Paul Mackenzie appears before Shanzu Law Courts on June 2, 2023.
Suspected cult leader Paul Mackenzie has been detained for nearly three months as investigations into his role in the deaths of hundreds of his followers in the vast Shakahola forest continue.
He is being held alongside 29 other suspects.
When Mackenzie and his 17 associates were brought before the Shanzu court in April, the state applied for a three-month detention order to allow police to investigate the killings.
The State accused the Good News International Church founder of inciting his followers to starve themselves “to meet Jesus”. It was alleged that Mackenzie’s followers would sell their possessions and give the proceeds to him as part of their preparation to meet their maker.
The various affidavits filed by the police at this time revealed that several bodies were still being exhumed from the mass graves and that post-mortems had yet to be carried out on the exhumed bodies, making Mackenzie’s release risky.
The State also said that Mackenzie would interfere with investigations and that his safety was in jeopardy as Kilifi residents were baying for his blood. Through senior prosecutors Jami Yamina and Victor Owiti, it also said police needed time to take statements and gather evidence from the rescued victims. However, because the victims were hungry and emaciated, they needed to be stabilised with food, medication and counselling first.
Further, the State argued, there was reason to believe that the defendants may have benefited financially and materially, making it necessary to trace, freeze and confiscate any illegal proceeds of crime. For these and other reasons, the court granted police 30 days instead of the requested 90 days, during which time further arrests and rescues were carried out.
At the end of the 30-day detention period, the State requested an extension of the detention period by 60 days. The total number of arrests had now risen to 31, including Mackenzie and his wife Rhoda Maweu.
The State informed the court that the previous period of detention was inadequate due to the evolving nature of the case. Mr Yamina informed the court that they had received new information which justified the extension.
The new information came from survivors who indicated that Mackenzie presided over the funerals of hundreds of his followers who died of starvation, and praised those who died as heroes.
The Office of the Director of Public Prosecutions (DPP) had also reviewed several investigation files and recommended that several areas be thoroughly investigated before Mackenzie and his accomplices were charged. With the exception of Ms Maweu, who was released on Sh100,000 bail, the other suspects are being held for a 60-day period that began on June 2.
Mackenzie and his colleagues have always maintained their innocence and distanced themselves from the events in the forest. Their lawyers, led by Wycliffe Makasembo, have said they are victims of circumstance and that their detention without trial is illegal. They claim the state has no evidence and is wasting time by filing multiple applications for extended detention.
In the midst of all this, Interior Cabinet Secretary Kithure Kindiki has declared that Mackenzie cannot be released.
“Even if the court acquits Mackenzie and his associates, I will take them back to prison where they will rot for the rest of their lives,” the CS said a t a media briefing. On July 11, he said that no one would be forgiven if the prosecution lost the Mackenzie case.
