- They are facing 13 acts of terrorism charges for their involvement in the deaths of 429 people, whose bodies were exhumed from Shakahola forest last year.
- Mackenzie has already spent more than 389 days behind bars since his arrest on April 1 last year.
Image: CHARLES MGHENYI
A Shanzu court has scheduled hearings for the Shakahola deaths case involving cult leader Paul Mackenzie and 94 others.
They are facing 13 acts of terrorism charges for their involvement in the deaths of 429 people, whose bodies were exhumed from Shakahola forest last year.
On Tuesday, Shanzu principal magistrate Leah Juma directed that witness testimonies be heard for four days from July 8 to 11, and another four-day marathon hearing from July 22 to 25, 2024.
She emphasised the importance of swift justice and urged all parties to stick to the agreed timelines.
“All parties must be ready to proceed, if not sufficient notices to be given to all. Any party intending to file applications, sufficient notice should be given upon filing in court,” Juma said.
Mackenzie and 94 others have been charged with engaging in organised criminal activity, radicalisation and facilitating the commission of a terrorist act, and being in possession of an article connected with an offence under the Prevention of Terrorism Act 2012.
It is alleged that on various dates between 2020 and 2023, the accused persons, who were members of the Good News International Ministries, an organised criminal group, engaged in organised criminal activities at Kwa Mackenzie area of Shakahola forest, endangering lives and killing 429 members and followers.
They are also accused of promoting and adopting an extreme belief system to facilitate ideologically-based violence, namely, fasting to death by advancing religious change, which occurred between 2020 and 2023 at Shakahola forest within Kilifi county.
During Tuesday’s court session, the magistrate further ordered the probation department to expedite the preparation of pre-bail reports of the suspects.
The probation team was granted 21 days to complete the reports on the remaining 35 out of 95 accused persons in the case.
The pre-bail reports are required to guide the court in determining an application by the Director of Public Prosecution to oppose the release of Mackenzie and his co-accused on bond.
Mackenzie has already spent more than 389 days behind bars since his arrest on April 1 last year. His co-accused have also spent more than 300 days in custody.
The court directed the matter to be mentioned again on May 29.
The trial magistrate will, on the mention date, set a ruling date on the DPP’s application to oppose the release of Mackenzie and his co-accused on bond or bail terms.
In his application, the DPP has given several reasons why the suspects should be denied bond, including that they were flight risks, lack known permanent abodes, and might interfere with witnesses.
On the same day, the court will confirm whether the probation report of the remaining 35 suspects and the documents that the prosecution will use in the case have been filed.
This development came at a time three of the accused persons staged yet another hunger strike in prison.
The court directed Shimo la Tewa prison authorities to take the three accused persons to hospital for medical attention.
A medical report on the status of the three should be availed in court on the mention date.