The controversial Malindi-based Pastor Paul Nthenge Mackenzie, his wife Rhoda Mumbua Maweu, and 16 other co-accused persons will continue staying in police custody for five more days.
Shanzu Principal Magistrate Yusuf Shikanda said that he will deliver a ruling on whether the state will be allowed to hold the suspects for 90 days on Wednesday, May 10.
He also directed the suspects to be detained at Malindi, Marereni, and Watamu police stations.
The 18 suspects are being held in connection with the deaths of over 100 persons that allegedly starved to death in the infamous Shakahola forest, also accused police of battering them.
Mackenzie, the leader of the Good News International Church, is facing serious crimes of murder, counseling and aiding persons to kill themselves, aiding suicide, abduction, radicalization, genocide, crimes against humanity, child cruelty, fraud, and money laundering, complained of mistreatment in the hands of police.
The Office of the Director of Criminal Investigation (ODPP) applied the Shanzu Senior Principal Magistrate Yusuf Shikanda to continue holding Mackenzie and others for 90 days.
According to the DPP, the 14 days that they had initially been granted by a Malindi Court to hold Mackenzie and the co-accused proved to be grossly insufficient because of the evolving nature of the case and the lines of inquiry that are being pursued.
Senior principal prosecution counsel Jami Yamina told the Shanzu Court that they need more time to conclude their investigations because things are changing every day.
“When the investigation kicked off, we thought it was only 14 bodies, we are now past 100 bodies and the number is still growing. The respondents are all adherents of Good News International and we believe they still hold onto the extreme religious beliefs,” said Yamina.
He said the suspects, who are being held at different police stations; Malindi Police Station, Marereni Police Station, Watamu Police Station, Mtwapa Police Station, and Bamburi Police Station, might interfere with the investigations.
Yamina also told the court that for the safety of the accused persons, the police should be granted the 90 days request. He cited an incident whereby angry Malindi residents stormed Mackenzie’s home on Monday.
He added,” The State must protect them. They can be properly nourished, as they appear now compared to when they were first arrested. There is a danger of them going to the forest to complete what they had started (fasting to death)”.
However, Mackenzie and his legal counsels Elisha Komora and George Kariuki dismissed the averments by the State that the accused persons “are being well taken care of in the police cells”.
“The assertions by the State that the suspects should continue being held to be nourished, are misleading. This morning, all the respondents did not have breakfast. The respondents were denied food for two days since they left the court on May 2,” said Komora.
He added,” Three respondents were also battered in a police cell. For the State to say that they (accused persons) are having a good time in police custody is misleading”.
Komora also said Mackenzie’s wife, who was arrested with their two-and-half-year-old daughter, has been forced to buy food and water for the minor.
“The 18th respondent (Mackenzie’s wife) was arrested with her minor of two and half years. She has been forced to buy food and water for her child. The State has failed to provide,” he said.
During his submission, Kairuki said they are representing the 18 accused persons on a pro bono basis because they are interested in knowing the truth about Shakahola.
Kariuki also complained of being denied access to talk to their clients.
“Last time, we were informed that a list of where the respondents will be detained will be provided to us. This has not happened. We would like to reply to this application with an affidavit from each of the respondents. It was not possible because we were frustrated to access them,” he said.
“The state exhausted its time for the investigation that was granted by the Malindi court. In their own choice, they did not go to seek an extension of time, but they sought to close the file,” he said.
“The state had said that the accused persons need to be charged in a specialized court at Shanzu. However, they are here asking for more time.”
Kariuki also told the court that after the release of Mackenzie and the others by the Malindi Magistrate Court on Tuesday (May 2), they were re-arrested while still in the cells.
“Releasing and re-arresting them immediately was a mockery of justice. There was no release contrary to the court order. It was continued detention,” he said
He urged the court to dismiss the application by the State.