Suspected Kilifi cult leader Paul Mackenzie, his wife and 28 others have been relocated to Malindi GK Prison.
Shanzu Senior Principal Magistrate Yusuf Shikanda issued the directive after the State raised fears that most of the suspects were likely to lose their lives after staging hunger strikes inside the police stations, where they had been initially remanded.
“I direct that the weak suspects be taken to the hospital for medical examination and a report be filed before this court,” said the magistrate.
Also, the magistrate has allowed the suspects to respond to a State application seeking to change their custodial venue from police stations to prison.
The magistrate agreed with the State that interim measures need to be taken to save the lives of the suspects, who have refused to eat or drink.
“This application is indeed urgent , let the respondents be served with the application.. I agree with State we need to take interim measures. I don’t know what is happening but we need the respondents alive,” said Mr Shikanda.
Senior Prosecution Counsel Jami Yamina raised fears that the suspects’ health conditions were deteriorating by the day calling for an urgent interventions to save their lives.
While relying on a police affidavit, the prosecutor told the court that the State cannot sit and watch as calamity threatens to unfold.
‘Our fear is that we will not have the respondents if we do not deal with this matter now. We do not want a situation whereby we come here next to ask for burial permit . We are preventing death in the hands of the court,” said the prosecutor.
The State wants the respondents relocated to the prison where they can be forced to eat.
This is after five of the suspects appeared in court very weak, with one of them unable to stand on his own.
Frederick Karimi could neither stand or walk on his own. He was literally carried by the prison warders manning the Shanzu court from the police lorry to the court room.
Even in the court room, Karimi slept on the flour since he could not sit on his own. Four other people could not sit for long as they spent most of the time sleeping on the floor of the court holding cells during the proceedings.
Karimi’s name was called four times before he could be assisted by the prison warders for the court to see his place.
” He cannot stand on its own , if we don’t act to day , it will not be a question of standing but that of a burial permit, the problem is now bigger than the court , the defence and even the state. We are here to preserve life,” said State prosecutor Victor Owiti.
He asked the court to prioritise the application to relocate the suspects to prison where forced feedings will be enforced.
“We are giving a notice that if we don’t act now, four or more will not be able to stand tomorrow and one or more will lose their lives,” said Mr Owiti.
The court heard that only Mackenzie and Smart Mwakalama have been eating. The rest have allegedly been on hunger strike since June 4.
The defence lawyers Wycliff Makasembo, Elisha Komora and George Kariuki opposed the admission of the State’s new application and asked the court to proceed with the earlier one where the suspects were to respond to an application to extend their detention by 60 days.
The case will be mentioned on June 21.
