Controversial cult leader Paul Mackenzie and 29 other co-accused persons were Tuesday charged with the murder of 191 children whose bodies were exhumed from Shakahola forest.
They all denied the charges before the Malindi High Court Judge, Lady Justice Mugure Thande.
One suspect, Evans Sirya, was found mentally unstable to stand trial.
He had suffered a stroke while still in custody, according to the State.
The court ruled that Sirya would be arraigned in one month after undergoing yet another mental health assessment test.
The Office of the Director of Public Prosecution (ODPP), led by Assistant DPP Victor Mule, opposed the release of the suspects on bond terms.
Mule said:
“The matter at hand is complex, and suspects should not be released on bond terms.”
Lady Justice Thande directed the defence counsel, led by Wycliff Masembo to file their submissions within a week.
The DPP is expected to respond to the defence’s submission thereafter.
Thande directed the matter to be mentioned on March 7, whereby the issue of bond will also be heard and determined.
She also directed that Sirya undergo mental health treatment and be re-assessed before March 7, when the suspects will be re-arraigned.
Last month, Mackenzie and the co-accused (28 men and two women) were arraigned before a Malindi High Court to be charged with the murder of the 191 children.
However, they were not formally charged since they had not undergone a mental health assessment.
The investigators in the case said the suspects were either parents or guardians and were directly involved in the deaths of the children at Shakahola.
Mackenzie’s co-accused are, Smart Mwakalama (second in command in Mackenzie’s Good News International (GNI) 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 and Ernest Kazungu.
Others are 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 KatanaSteven Ngugi, Edison Safari (Baba Sifa), Alfonze Chomba (Baba Nathan), Amani Kenga (Baba Joyce) and Peter Kahaso (Baba Sara).
The only two women in this case are Mary Kadzo Kahindi (Mwakalama’s wife) and Anne Anyoso.
The 31 are part of 95 people who are being held in connection with the deaths of at least 429 people who died in Shakahola.
In a 298-page charge sheet, the DPP said Mackenzie and his co-accused jointly murdered at least 191 children in Shakahola.
The 11 children out of the 191, whose identity has so far been revealed are; Seth Hinzano Ngala, Evabra Dito 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 the Shakahola area in Malindi Sub-County within Kilifi County.
DCI officers say it is reasonably suspected that Mackenzie and the co-accused were directly responsible for the mass deaths of children and unlawful burials in Shakahola.