The Office of the Director of Public Prosecutions (ODPP) has revealed that the Shakahola massacre key suspect Paul Mackenzie boycotted a hearing of the terrorism case facing him and 94 others.
ODPP through a statement on March 12, 2024, noted that Mackenzie failed to appear in Court after frantic pleas by his lawyer Wycliffe Makasembo to persuade him to appear in court hit a dead end.
The controversial pastor was to appear at the Shanzu Magistrate Court for the hearing of a bond application filed by the prosecution to oppose the release of 95 suspects.
According to the lawyer’s confession which was tabled before Principal Magistrate Leah Juma, Mackenzie had complained of being separated from other suspects.
In his defense, the pastor accused the prison’s authority of discrimination.
Additionally, the defense lawyer while seeking an adjournment for him to advise his clients also informed the court that the pastor raised fear of being “abducted.”
However, Senior Assistant DPP Peter Kiprop, Principal Prosecution Counsel Anthony Musyoka and Senior Prosecution Counsel Peris Ongega opposed the adjournment, dismissing Mackenzie’s claims as theatrics to delay the proceedings.
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The DPP team stated that there was no harm if the court hears their bond application in Mackenzie’s absence, stating that Article 50 of the Constitution allows trial of any accused in absentia in certain circumstances.
The prosecution further submitted that Mackenzie is a convicted prisoner hence the law requires prison authority to separate him from his co-accused, who are remandees.
Mackenzie put on spot
In addition, DPP noted that the judge was informed that the pastor has been radicalizing and encouraging other accused persons to stage a hunger strike, hence raising serious security concerns.
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The judge in her ruling summoned the officer in charge of Shimo la Tewa Maximum Security Prison and the investigating officer to appear and shed light on issues raised in court.
At the same time, the court also directed the probation department to prepare bail reports to guide it in determining the DPP’s application to oppose the bond.
According to the DPP, the judge further directed the National Counter Terrorism Center (NCTC) to prepare psychosocial reports on each of the accused persons.
The judge noted that the court will give further direction on March 27, 2024, when the matter will be mentioned.
