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The prosecution has presented fresh evidence in the ongoing Kwa Binzaro manslaughter case, with witnesses telling the court that victims were buried in shallow graves without clothes or coffins, in a manner they said was contrary to Giriama cultural practices.
The testimony was presented on Wednesday before Senior Principal Magistrate Eric Wambo as the prosecution continued to build its case against Pastor Paul Mackenzie and five co-accused over the deaths of 29 people in Kwa Binzaro, Chakama Location, Magarini subcounty, Kilifi county.
Mackenzie, alongside Shallyne Temba, Kahindi Garama, Tom Mkonwe, Julius Luwali and Johnson Richard, faces 29 counts of manslaughter linked to the deaths.
Taking the stand, Chakama Area Chief Raymond Charo told the court that he witnessed part of the exhumation exercise and observed burial practices that bore striking similarities to those uncovered during the Shakahola investigations.
Charo testified that several bodies had been buried without clothing, coffins or proper grave depths, describing the practices as inconsistent with the customs of the predominantly Giriama community.
"I further wish to state that according to our Giriama culture, burials are conducted during the day with prayers, depending on gender, and the deceased are placed inside coffins. The depth of the graves is not less than six feet," Charo told the court.
He said the burials he witnessed did not conform to any recognised Giriama traditions, despite the victims having been buried within the local community.
While clarifying that he was neither an investigator nor a pathologist, Charo told the court that his testimony was based solely on his personal observations during the exhumation exercise.
The chief stated police had recovered additional human remains and body parts from the area before carrying out extensive exhumations, although he could not confirm the exact number recovered.
The prosecution also called Police Constable Isaiah Barasa of Langobaya police station, who testified that officers responded after receiving reports that followers at the home of co-accused Shallyne Temba had allegedly been radicalised into starving themselves.
In separate testimony, Allan Luwali told the court that he sold a motorcycle to Kahindi Kazungu on May 18, 2024, for Sh18,000.
He said he later recorded a statement with detectives after receiving a call from a Directorate of Criminal Investigations (DCI) officer seeking information related to the Kwa Binzaro deaths.
The prosecution is expected to call additional witnesses as the trial continues, with the court seeking to establish the circumstances surrounding the deaths and the alleged role of the accused persons in the case.
