After spending more than 90 days in police and prison custody, cult leader Paul Mackenzie and 28 other co-accused persons are staring at yet another extended 47-day detention.
On Tuesday, the Director of Public Prosecutions applied to have the police be allowed to continue holding the suspects for at least seven weeks to finish their probe.
Mackenzie, his wife Rhoda Maweu the co-accused are facing a litany of at least 12 charges including murder, counselling and aiding suicide, abduction, radicalisation, genocide, crimes against humanity, child cruelty, fraud, and money laundering.
They are being blamed for their involvement in the deaths of over 425 people whose bodies have been exhumed from Shakahola.
On Tuesday, the state said the investigation into Mackenzie, the preacher of Good News International Church (which was supposedly closed in 2019), is the biggest investigation into violent deaths in a single episode in the history of Kenya.
This is in particular with the religious violent extremism as the driving force, said Jami Yamina, the Assistant Director of Public Prosecutions, as he requested extended detention.
“The period of investigation, so far prayed and granted, has nevertheless unravelled evidence sufficient enough to establish high chances that all the suspects in detention, will more likely than not eventually be denied bail, pending trial arising from the existence of compelling grounds,” Yamina said.
According to Yamina, it is better to invest more time in compelling investigations and do all that is necessary to expedite the hearing and the disposal of the case.
“This is not achievable where the trial process is triggered by the premature institution of proceedings that have the effect of shortchanging the investigation,” Yamina said.
He said the suspects being held have not been able to account for their missing family members and children for more than three months.
“By law, the parents bear primary duties and responsibility to their children as caregivers. Failure to account for their children 90 or 60 days down the line goes to the strength of evidence if they likely to charge,” he said.
During the court session, Mackenzie and his co-accused tried to protest, complaining of harassment and mistreatment in prison custody.
The course session was momentarily stopped as they chanted, ‘Haki Yetu'.
However, their legal counsel Wycliff Makasembo intervened and they stopped.
Makasembo said his clients, who are yet to be convicted, are being forced to wear prison uniforms and are being forced to give evidence.
“My clients are being forced to wear prison clothes. They are yet to be convicted. They are being forced to sign blank papers,” he said.
He also complained that the application for continued detention has been filed at the last minute, hence they have not had an opportunity to respond.
The Shanzu Senior Principal Magistrate Yusuf Shikanda directed the case to be brought back Friday after the defence counsel has responded to the application.
At the same time, the state is planning to charge some of the 41 victims of Shakahola with murder, manslaughter and other terror-related charges.
The 41, who were part of the 65 victims that were rescued from Shakahola, are believed to have been involved in the mysterious deaths of children in Shakahola.
The DPP has been granted orders to amend the charge sheet of the 41, who have since been transferred from the rescue centre to Shimo la Tewa Prison.
According to the DPP, it has been established that the 41 are either parents or grandparents of the missing children believed to be dead.
The court heard that the 41 left their homes for Shakahola in the company of children between 1-14 years, whom they failed to establish their whereabouts.
The court heard that the 28 women and 13 men were adherents of Good News International Church associated with Makenzie.
They are also set to appear before Shanzu Court on Friday for further directions after the new charge sheet is availed by the DPP.
The remaining 23 victims will continue to be held at Sahajanad Rescue Centre and undergo counselling among other treatment