The Director of Public Prosecution now says it has sufficient evidence to pin the prime suspect of the Shakahola massacre Pastor Paul Mackenzie in court.
In a statement on X platform, the DPP said its evidence includes among others, witness statements, video and audio exhibits, and forensic and expert reports.
The evidence, the DPP said, will prove the 17 counts of alleged torture and cruelty against children.
Tononoka Children's Court’s Principal Magistrate Nelly Chepchirchir is set to fix a hearing date next month.
The mentioned date would have been set for Thursday, May 2, but that could not happen as Mackenbzie’s lawyer, Wycliffe Makasembo, was not present in court.
“Chepchirchir directed the prosecution to inform him through his last known address of the next mention date and production order of all the accused persons,” DPP said.
Mackenzie and his co-accused persons joined the court proceedings virtually from Shimo La Tewa Maximum Security Prison.
“The court intends to fix a hearing date on June 4, 2024, in the presence of the defence counsel and his clients, who were denied bond for being a flight risk,” DPP stated.
“Chepchirchir indicated that she will expedite the hearing of the case to ensure all parties are accorded justice.”
Mackenzie and his 38 co-accused, who are parents of children victims rescued from the Shakahola forest, were charged with 17 counts of offences under the Children Act 2012, the Prevention of Torture Act 2017, and the Basic Education Act 2013.
These charges include two counts of subjecting a child to torture with an alternative count of assault causing actual bodily harm, nine charges of cruelty to a child, and six counts of infringing a child's right to education.
All 39 accused persons denied all the charges levelled against them.
The accused persons allegedly committed the offences on unknown dates between 2019 and 2023 at Shakahola Forest, Kilifi County.
