- Malindi High Court Judge, Lady Justice Thande Mugure granted the prosecution 14 days to carry out the mental assessment
- The 30 people who were arraigned on Wednesday with Mackenzie failed to account for their children since they were arrested more than seven months ago
Image: ALPHONCE GARI
Controversial cult leader Paul Mackenzie and his 30 co-accused persons will have to undergo mental health assessments before they are charged for murder.
Yesterday, Mackenzie and the co-accused (28 men and two women) were arraigned before a Malindi High Court to be charged with the murder of 191 children, whose bodies were exhumed from Shakahola forest.
The team from the Office Director of Public Prosecution said they were satisfied the evidence from the Directorate of Criminal Investigation.
The investigators said the suspects are either parents or guardians or were directly involved in the deaths of the children at Shakahola.
The 31 are part of 95 people who are being held in connection with the deaths of at least 429 people, whose bodies were exhumed from Shakahola last year.
Yesterday, the prosecution asked the to grant them two weeks to carry out mental health assessments on the suspects before they are charged.
The State was presented by six legal counsels, led by Deputy Director of Public Prosecutions, Victor Mule.
The defence team, led by Wycliff Makasembo, opposed the application to continue holding the suspects for another two weeks.
He said their clients had been in custody for more than six months.
Makasembo said one week was sufficient for the health assessment to be conducted.
Mackenzie has spent more than 277 days since he was arrested on April 15 last year. His co-accused have also all spent more than 250 days behind bars.
Malindi High Court Judge, Lady Justice Thande Mugure granted the prosecution 14 days to carry out the mental assessment.
In a 298-page charge sheet seen by the Star, the DPP said Mackenzie and his co-accused jointly murdered at least 191 children in Shakahola.
Mackenzie’s co-accused are Smart Mwakalama (second in command in Mackenzie’s Good News International Church that has since been shut down), Stephen Muye, Evans Sirya, Kelvin Asena (Baba Ashley), Stephen Lwangu, Enos Amanya and Julius Kazungu.
Others are Charles Charo, Michael Baya, Titus Musyoka, Ernest Kazungu, David Amanya, Emmanuel Kilumo (Baba Noah), Joseph Bimramba, Newton Ikunda, Robert Kahindi (Baba Neema), Alex Odari, Lucas Owino, Mark Kiogora, Maurice Machach, Simon Musembi, Mwinzi Kavenge and Gilbert Katana
Steven Ngugi, Edison Safari (Baba Sifa), Alfonze Chomba (Baba Nathan), Amani Kenga (Baba Joyce), Peter Kahaso (Baba Sara) are also among the co-accused.
The only two women in the case are Mary Kahindi (Mwakalama’s wife) and Anne Anyoso.
The 11 children out of the 191, whose identities have so far been revealed are; Seth Ngala, Evabra Ngala, Sifa Edison, Nathan Mathu, Neema Robert, Joyce Amani, Stacy Hadama, Elna Mpa, Ejah Nyaleso, Sara Peter and Patience Kahindi.
The court was told that the children were killed between January 2021 and September 2023 in Shakahola in Malindi subounty, Kilifi county.
According to DPP, the 30 people who were arraigned on Wednesday with Mackenzie failed to account for their children since they were arrested more than seven months ago.
However, Mackenzie, his wife Rhoda Maweu and all the children are alive. Mackenzie has six children from his first two late wives and one child with Maweu (third wife).
DCI officers suspect that Mackenzie and the co-accused were directly responsible for the mass deaths of children and unlawful burials in Shakahola.
According to court records, Mwakalama and his wife went to Shakahola with their six children and grandchild. All the seven minors died and were buried.
One child, out of the 11 so far identified through DNA, is said to belong to Mwakalama.
He is accused of ensuring the enforced directive of fasting.
Another suspect in the case, Charles Charo went to Shakahola with his wife, three children and two grandchildren. All the six members of his family went missing and were never found.
One of the missing children is said to have quit her job as an air hostess with Qatar Airways and joined her parents in Shakahola.
Kelvin Asena (Baba Ashley) is said to have travelled from his rural home, Luvuka village in Vihiga county to Shakahola with his wife and five children.
Before coming to Shakahola in 2021, Asena withdrew all his children from school, burnt their academic items and property records then left for the forest.
His wife was rescued, but his children (three below the age of ten and two teenagers) went missing.
Emmanuel Kilumo (Baba Noah) from Ezamoyo village in Kilifi county was at Shakahola with his wife, two children of tender age and a brother, who all went missing.
Robert Kahindi (Baba Neema) who hails from Dera village in Tezo location, Kilifi county, has also failed to account for his wife and three children.
David Ambwaya failed to account for his wife and five children, whereas his brother Enos Amanya failed to account for his wife and six other children are said to be missing
One of Amanya’s daughters escaped from Shakahola and recorded a statement with the police.
Joseph Bokole is being held because of his missing wife and a child. Emmanuel Kilumo is being held for his missing wife, two children of tender age and a brother.
Newton Ikunda failed to account for his wife and three children.
The matter will come back on February 6 for mention.