Mombasa Court Denies Cult Leader Paul Mackenzie Bond in Manslaughter Case

Ezra Manyibe | 3 weeks ago
File image of cult leader Paul Mackenzie. |Courtesy| CNN|

Controversial preacher and cult leader Paul Mackenzie and his 94 co-accused have been denied bond by Chief Magistrate Alex Ithuku while appearing in court on Monday, April 15, 2024.

This is after the court ruled that the Office of the Director of Public Prosecutions (ODPP) had proved beyond reasonable doubt that the accused would interfere with the witnesses most of whom are children and members of his congregation.

The prosecution argued that Mackenzie and his co-accused are facing charges of up to 238 counts which would most likely guarantee a life sentence if found guilty, thus reason enough for them to run if freed on bond.

Further, the court heard that a majority of the accused have no known residence since they resided in the vast Chakama Ranch and thus may give the prosecution a hard time tracking them down for trial.

Magistrate Ithuku stated that the case will be mentioned on April 25, 2024 for pretrial.

Isolation in Prison

On Wednesday, April 3, 2024, the court summoned Shimo La Tewa Prison officials to explain why the cult leader was being held in isolation at the facility.

Appearing before Principal Magistrate Leah Juma, Shimo La Tewa Prison deputy commissioner Kassim Kimuyu explained that Mackenzie's isolation from other inmates was in line with provisions of the Prevention of Terrorism Act (POTA).

"The prison uses a tool to assess suspects or convicts charged under POTA. Mackenzie was assessed using this tool and was found to be a high risk of radicalising others. These tools have been shown to be effective in assessing such risks," Kimuyu said.

Armed with further proof, Kimuyu presented a notebook in court containing some of Mackenzie's radical messages.

The Shimo La Tewa deputy commissioner reiterated before the court that the POTA act allows for the prisons department to separate terrorism convicts from other offenders. However, he added that Mackenzie usually interacts with cooks at the facility who are also inmates, during the day.

"In prison, even Christians charged under POTA are segregated from their Islamic counterparts," Kimuyu said.

Mackenzie's lawyers Wycliffe Makasembo and Lawrence Obonyo further claimed that there had been an attempt to abduct the controversial preacher from the prison. Kimuyu, however, disputed these allegations, stating that Shimo La Tewa is a secure facility.

"We cannot rule out the possibility of an abduction, but Mackenzie's lawyer can provide more details so that the elite security forces and other investigating agencies can address the issue to ensure his safety," Kimuyu said.

Stephen Ambani, the lead investigator in the case, stated that the Directorate of Criminal Investigations (DCI) had not received an official report on the attempted abduction and thus is yet to open investigations into the matter.

While delivering a ruling, Magistrate Juma agreed with the submissions by Kimuyu, stating that Mackenzie's right had in no way or form been violated by the prison.

"I consider the explanations given by the two officers to be reasonable and the court has found no violation of Mackenzie's rights. He is, after all, a prisoner. Nevertheless, he will be escorted to the police station to lodge a complaint about the abduction," the judge said. 

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