The State has been given 14 days to file charges against Pastor Paul Mackenzie and 17 other suspects linked to the Shakahola massacre, failing which the court will release the suspects on its own terms.
According to Senior Principal Magistrate Y.Shikanda’s ruling at the Shanzu court on Tuesday, January 9, the suspects linked to the cult deaths at Shakahola have been in custody for a record 117 dayssince the application for extension of custodial orders was filed and have yet to be charged.
The 117-day detention, according to the Magistrate, is the longest in Kenyan history, or at least since the adoption of the 2010 constitution.
He argued that enough time had passed since the initial bail application, and that the ongoing investigations should have been completed.
“As already stated in my previous ruling, this is the longest pre-charge detention in the history of the country following the promulgation of the Constitution of Kenya, 2010,” the ruling reads in part.
“In my view, that is sufficient time within which the pending investigations ought to have been completed. ”
The matter will be mentioned at the Shanzu courts on January 23 where further orders will be given.
In late December, the Shanzu court granted the prosecution’s request to extend the suspects’ detention for another 180 days pending the conclusion of investigations.
Senior Principal Magistrate Joe Omido in a Thursday afternoon ruling, said that the prosecutions had advanced compelling reasons on merit.
He said the court was convinced that detectives required time to gather evidence before preparing charges against each of the suspects.
Chief Inspector Julius Wanjohi stated in an affidavit supporting the application that the investigation is complex, particularly the extraction of DNA material from 429 bodies for analysis.
Justice Omido noted that 360 bodies were severely decomposed, making the autopsy exercise delicate, costly, laborious, and time consuming,.
The court observed that solving the mystery of what caused the deaths in the Shakahola massacre was a complex adventure akin to putting together a jigsaw puzzle that required significant time and resources.
The court agreed that suspects pose a flight risk due to the gravity of the crimes they face, as well as the risk of interfering with potential witnesses and causing self-harm.
Omido also ruled that if the suspects were released, their own safety would be jeopardised because some had left their homes with children who are now missing and presumed dead in the Shakahola massacre.
The court also ruled that the DPP needed enough time to review the evidence and decide on the nature of the charges against each of the 66 suspects.
“The upshot is that I will allow their further remand in custody for 130 days which I think will serve the intended purpose,” added Hon. Omido
The court ordered that the suspects be held at Shimo La Tewa GK, Kilifi GK, and Malindi GK Men and Women Remand for a further period of not more than 130 days, beginning on September 11th, when the application was filed.
