The state is seeking orders to be allowed to yet again transfer the 65 victims who were rescued from Shakahola forest to a prison facility.
The Director of Public Prosecutions on Monday raised concern that the victims (both male and female) have been interacting freely at the rescue centre, therefore, there is potential for cases of unwanted pregnancies to be reported from the facility.
The state wants the 65 victims—26 males and 39 females—to be held at Shimo La Tewa Prison, where there are separate detaining facilities for both males and females.
The victims had been rescued from the Shakahola forest on diverse dates between May and late June this year.
They are believed to be followers of a cult led by preacher Paul Mackenzie, who is accused of the deaths of over 425 people who starved to death and buried at Shakahola.
Last month, the victims spent three nights at Shimo La Tewa Prison after they staged a hunger strike at the rescue centre.
However, the Kenya National Commission on Human Rights intervened and had them returned to the rescue centre after they agreed to cooperate with the police.
For the past several weeks, the victims have since recovered and regained their health, therefore, the DPP said it is important to now separate them.
At Sahajanad Rescue Centre, the victims interact freely, therefore, there is the possibility of cases of unwanted pregnancies and sexual gender-based violence, said the Assistant Director of Public Prosecution Jami Yamina.
“To avoid cases of unwanted pregnancies or SGBV, we must find a place where male and female victims are held separately,” Yamina said.
He said they have not heard any case so far, but they need to be cautious.
During his submissions, Yamina also told the court that holding the victims in separate male and female detention facilities will help to ensure their rights are protected.
“This will ensure their rights to medical attention, nutritional diet and any other complaints and redress mechanism are in put place,” he said.
At Shimo la Tewa prison there will also be proper record keeping and police will be able to conclude their investigations on time.
The state also wants the victims to receive further psychological treatment at the prison and also assist the police in recording statements.
It has been hectic to record statements from the victims as some of them have been very uncooperative, said Yamina.
They are accused of giving out a well-scripted and choreographed version of stories that failed to account for the status of their own families and children.
“They (victims) need to provide a proper account of their role and involvement in the deaths of the people who died at Shakahola forest,” Yamina said.
Most of the victims had left for Shakahola with their children and spouses, who are now believed to have died and buried in that forest.
Last month, the Shanzu Senior Principal Magistrate Joe Omido ordered that all the victims undergo a medical and mental health assessment.
Only two, out of the 65 are said to have shown signs of mental breakdown.
At the same time, Yamina implored the court not to release the victims before they are subjected to mandatory deradicalisation, disengagement and reintegration processes.
This, he said, will prevent further recruitment within communities.
He said, “Shakahola is no longer just a place, it was a mindset and an ideology that could be disseminated through the individuals who were rescued.”
The case will continue next week Thursday, July 31.
