The Shanzu law court in Mombasa will on Thursday rule whether it will grant the state an application to have 65 followers of Preacher Paul Mackenzie detained at the Shimo la Tewa prison.
The state wants the 65 people, who were rescued at Shakahola forest to be forced to eat since they have been staging a hunger strike.
The Shakahola cult suspects, who were rescued while in poor health condition, have been undergoing counselling at a rescue centre in Mtwapa, Kilifi County.
The court heard that they staged a hunger strike last week, threatening to starve themselves to death.
Senior Principal Prosecution Counsel in the matter Jami Yamani and Principal Prosecution Counsel Juma Victor Owiti asked Senior Principal Magistrate Joe Omido to issue an order directing the medical officer in charge of Shimo la Tewa prison to forcefully feed the victims.
“The victims were taken to hospitals after they were rescued emaciated with some almost dying and have undergone counselling by trained DCI officers,” Jami submitted
The two senior prosecutors said the rescue centres, where they have been held have no capacity to hold them anymore due to the hunger strike decision.
“According to their hunger strike, detaining the 65 Shakahola survivors inside the highly guarded prison which is Shimo la Tewa, would enable the investigators to treat them as both victims and suspects,” the prosecution further submitted.
Jami and Owiti further told the court that at the prison facility, the group will be forcefully fed.
“When we say forcefully it doesn’t mean with torture, it will be without being tortured or their rights breached,” they submitted.
The state prosecutors added that the 65 need to be in an environment where they can be examined medically and report filed in court and shared with the investigators.
“We also seek an order that each of the 65 suspects be subjected to a mental health assessment by a qualified psychiatrist and the report be filed in court.”
On the other hand, the state also produced a charge sheet in court, where the 38 women and 27 men are charged with attempted suicide.
However, they were not required to take a plea with the state asking the court to make further direction later.