The court has ordered Shakahola’s main suspect Pastor Paul Mackenzie to report abduction allegations to the police station on Monday next week.
Mackenzie appeared before the Shanzu Law Courts on Thursday over an abduction complaint at the Shimo la Tewa Maximum Security Prison where he is been detained alongside 94 others.
The Director of Public Prosecution in a statement said the investigating officer Steven Ambani however told the court that he was unaware of Mackenzie’s claim.
Shanzu Principal Magistrate Leah Juma therefore directed the controversial preacher to record his statement in the company of his lawyer and for the police to launch a probe thereafter.
“The court directed that he record his complaint in the presence of his counsel and that the police conduct lawful investigations,” stated the DPP.
“Juma expressed contentment with Ambani’s explanation and directed Mackenzie to record his statement with the police on 8 April 2024.”
On Mackenzie’s second claim of segregation from his co-accused, the DPP said the Assistant Commissioner of Prisons, Mr Kassim Kimuyu who is also the officer in charge of Shimo la Tewa satisfied the court with an explanation as to why the accused was separated.
DPP says Kimuyu argued that the preacher was serving a 10-month jail term adding that his separation was in line with the Prison Act and the Prevention of Terrorism Act.
The Magistrate thus declined Mackenzie’s plea to be transferred to Malindi GK prison saying she ‘lacked jurisdiction’ for the process.
“The magistrate stated that she is satisfied with his explanation, adding that the prison act allows segregation of convicts from remandees. Meanwhile, Hon Juma declined Mackenzie’s request to be transferred from Shimo la Tewa prison to Malindi GK prison,” DPP noted.
“The magistrate stated that she did not have jurisdiction and urged Mackenzie to approach the court that sentenced him.”
She however ordered prison authorities to be guided by the law in handling Mckenzie and his co-accused.
At the same time, the probation department and the National Counter Terrorism Center (NCTC) were also directed by the court to file their pre-bail reports within 30 days.
According to the DPP, the pre-bail reports are required to guide the court in determining an application by the prosecution to oppose the release of Mackenzie and his co-accused on bond.
The ordinary mention of the matter was set for April 18, while further mention to confirm the submission of pre-bail reports would be on May 6, 2024.
Early last month, the court was forced to adjourn the case after Mackenzie boycotted his bail hearing citing discriminatory treatment by prison officials.
His lawyer, Wycliffe Makasembo, told the court that Mackenzie had complained about being separated from the other suspects.
Mackenzie also expressed concerns about abduction, complicating the proceedings and prompting his lawyer to seek an adjournment to counsel his client on the subject.
