Mackenzie, followers protest continued detention without trial
Suspected Kilifi cult leader Paul Mackenzie (right) and some of his followers protest detention without trial at the Shanzu Law Courts on August 1,2023. The defendants chanted the slogan 'Haki Yetu' as soon as they realised that the state was going to make another application to keep them in custody for another 47 days.
Suspected Kilifi cult leader Paul Mackenzie and his 29 accomplices disrupted court proceedings on Tuesday to protest their continued detention without trial.
The defendants chanted the slogan 'Haki Yetu' as soon as they realised that the State was going to make another application to keep them in custody for another 47 days.
For more than a minute, Mackenzie and his supporters staged a massive protest to demand their rights.
It took the intervention of their lawyer, Wycliffe Makasembo, who pleaded with them to allow the court proceedings to continue.
Mr Makasembo assured them that the court would protect their rights against any excesses by the state.
"For the respect of the court and for me as your lawyer, I plead with you to calm down and let the court deal with your complaint. The court has heard you, so please calm down and sit down," Mr Makasembo told them.
Shanzu Senior Principal Magistrate Yusuf Shikanda asked the defendants to remain calm after their lawyer spoke.
The defendants began protesting as soon as Deputy Director of Public Prosecutions Jami Yamina took the stand to address the court.
Mr Yamina said Mackenzie's wife, Rhoda Maweu, was blaming her husband for her troubles with the State.
"It is clear from the social investigation report that Ms Maweu is blaming her husband Mackenzie for her troubles," the prosecutor said.
However, he said the state agreed with the social inquiry report that Ms Maweu should be given further counselling.
The prosecutor also noted that there was no reason to arrest the woman until or unless circumstances change.
When Mr Makasembo rose to address the court, he said Mackenzie and his associates were being forced to wear prison uniforms while in custody.
"My clients are being forced to wear prison uniforms. Prison uniforms are for people who have been convicted and are serving prison sentences, not for people on remand who have not even been charged. This is a mistake," said the lawyer.
They also claimed that the police were forcing Mackenzie and his associates to go through a forced parade and were also forcing them to sign blank documents.
He also alleged that an unknown person dressed in a buibui was used to conduct the illegal parade, which he said was being done without due process.
Mackenzie and his colleagues also complained about being forced to go to the toilet in buckets and being mixed with prisoners.
"I suspect this is the work of Prof Kithure Kindiki, who has promised before how Mackenzie and his associates will rot in prison even if they are acquitted by the court," the lawyer lamented.
He wants the court to stop any government official from threatening the defendants, saying they have not been charged with any crime.
Mackenzie and his followers have asked the court not to allow the police to continue detaining them.
They have asked for at least three days to respond to the state's application to keep them in custody for a further 47 days.
"I was served with this application this morning, I have not had enough time to read or go through it, we are asking for time to prepare a response," said Mr Makasembo.
He asked the court to order the State to file and serve all documents in advance of the hearing date to give the defence and the court time.
In a brief rejoinder, Mr Yamina denied knowledge of the complaints and advised the accused to file a formal complaint instead of making oral statements in court.
He also denied that the suspects were forced to undergo an identification parade, noting that the DPP was in possession of documents showing that the accused refused to participate in the parade.
"They must be moved from the cells and taken where the ID parade is conducted, but they were not forced," said the prosecutor.
The court also heard that one of Mackenzie's followers, Evans Kolombe Sirya, is paralysed.
"Sirya is paralysed and could not be brought to court without a special wheelchair, which the police could not find at the hospital. It would be unfair for him to be here without a special wheelchair. He should be exempted from coming to court," said Mr Yamina.
The court also heard that more than Sh80,000 belonging to Julius Katana and Daniel Makori is with the police for further investigations.
