Shakahola cult: JSC reviewing Paul Mackenzie records
Paul Mackenzie of the Good News International Church during an interview with the ‘Nation’ in Kilifi County on March 24, 2023.
The Judicial Service Commission (JSC) is reviewing the criminal records of cult leader Paul Mackenzie to determine misconduct among its officers who handled the file in 2017.
The JSC said in a statement to newsrooms on Thursday that it is examining the records to certify that its officers followed due diligence while handling his cases.
“The JSC, which is charged with handling disciplinary issues and the leadership of the Judiciary, are examining the records to establish whether there was any misconduct on the part of judicial officers and staff who handled the matter,” the statement said.
The commission reaffirmed its commitment to upholding the Constitution and the rule of law in the administration of justice.
“Recognising that the main suspect, Mr Mackenzie, of Good News International [Church] has faced, and is still facing various charges, the Judiciary offers deep sympathy to the families, relatives and friends of victims affected by the unravelling mass deaths, sufferings and injuries at Shakahola Village in Kilifi County,” the statement said.
Pastor Mackenzie was first arraigned in court on October 17, 2017 and charged with radicalisation, for promoting extreme beliefs, offering education in unregistered institutions, and failing to take his children through compulsory primary and secondary education.
He was also charged with failing to provide the children with education.
In 2019, he, together with a few of his followers, faced other charges at the Malindi Magistrate’s Court. The followers were charged with child neglect.
According to the Judiciary, the complaints against Mr Mackenzie and his co-accused were also discussed by stakeholders in the justice chain, led by the then Presiding Judge at the Malindi Law Courts, under the auspices of the Kilifi County Court Users Committee (CUC), in its quarterly meeting of November 2019.
“The CUC discussed the issue of radicalisation of children by Pastor Mackenzie through his church and TV station,” the commission said
Further, the commission said the issue was escalated to the National Government Implementation Committee and the Communications Authority, and the CUC was advised that the matter had been forwarded to the Cabinet for discussion in the coming weeks.
The TV station's licence was revoked by the Communications Authority.
“However, no feed-back was given on the proposal by the CUC to have the church de-registered or the decision by the Cabinet on the issue, “said the commission.
In the Malindi Criminal Case No. 182 of 2017, Mr Mackenzie was charged alongside Winne Alexander Gandi and Betty Mwaka, with offering basic education in an unregistered institution.
They entered into a plea bargain with the Office of the Directorate of Public Prosecutions (ODPP) and were discharged by the trial court and ordered to be of good behaviour.
In another case - Malindi Criminal Case No. 790 of 2017 - Mr Mackenzie was charged with radicalization. He was accused of promoting an extreme belief system for purposes of facilitating use of ideology-based teachings to advance religious and social change.
Other charges included failing to take his child to compulsory primary and secondary education and failing to provide the right to education of a child.
He pleaded not guilty and the prosecution opposed his release on bail. The court then ordered that care and protection files be opened for the children and a pre-bail report filed.
Mr Mackenzie was then granted a Sh100,000 bail, with an alternative bond of Sh500,000 on October 19, 2017. As a bail condition, he was required to be reporting to the OCS Malindi each week.
The court also ordered that the matter be heard on priority basis as it was a public interest matter.
The matter was heard and determined and the accused acquitted on October 2021.
In another case - Malindi Criminal Case No. 366 of 2019 – Mr Mackenzie was charged with incitement to disobedience of the law after he was found with cinema topographic films intended to incite children against attending school and Christians against Hindus, Buddhists and Muslims.
He distributed these contents to the public through Times Television, which had not been examined and classified by the Kenya Films Classification Board.
He was also charged with operating a filming studio and producing films without valid filming licence from the Kenya Films Classification Board after he was found operating a studio and producing films for public consumption without first registering as a film agent and acquiring a licence.
In this case, Mr Mackenzie pleaded not guilty and was granted a Sh500, 000 cash bail or Sh1 million bond, despite protest from the prosecution.
A defence hearing will take place on June 26.
In another case - Malindi Misc. Criminal Application No. 176 of 2017 – the State applied to hold Mr Mackenzie and 20 others for 30 days on grounds that they were to carry out investigations for radicalisation of children after they were found with 73 children in a church, in what was believed to have been a radicalisation process.
The court ordered an age assessment for four of the suspects who were found to be minors and an order for care and protection was issued. The court allowed the other suspects to be held seven days for further investigations.
Another case - Malindi Children Protection & Care No. 57 of 2017 S.P and 42 others - involved 43 children ranging from age one to 13.
They included Mr Mackenzie's three children, who had been rescued from Good News International Church, Mayungu, where they had been locked up - not going to school but receiving religious teachings.
The matter was heard on October 18, 2017, and after considering the children officer’s report, the court allowed the children, who were being held at Mayungu Children Centre for safety, to be released back to their families after counselling and medical care.
In another case, church member Isaac Njoroge Kuria was charged with cruelty and neglect to a child.
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Mr Njoroge was accused of willfully abandoning his three children by prohibiting them from attending school and receiving medical care and other basic necessities.
He allegedly committed the offences between September 8, 2019 and March 14, at Sunpark in Malindi, being the father of D.N.K aged six, E.N.K aged four and H.N.K aged two.
The children were rescued by their maternal grandparents, who were alerted by their neighbours.
The accused was found guilty of prohibiting the children from attending school and failing to take them to hospital yet they were suffering from acute tuberculosis and malnutrition.
Their mother, who was a nurse, had died in the house from tuberculosis after refusing to seek medical attention as their church prohibited this.
