A Malindi Court on Friday jailed a suspected cult leader Paul MacKenzie for 12 months for the offence of operating a filming studio without a valid license.
Mackenzie, who is currently being held at Shimo la Tewa Prison for other offences, including the death of over 429 people at Shakahola, was further slapped with another six-month jail term for being in possession and exhibition of films to the public through Times TV without an operating license.
However, the two sentences will run concurrently.
The Probation Office had recommended that Mackenzie be denied an alternative of a fine.
The probation report said from criminal records, that Mackenzie was convicted and fined for a similar offence in criminal case no. 182 of 2017.
The offences faced by Mackenzie attract a jail term not exceeding one year and an alternative fine not exceeding Sh100,000.
In 2019, Mackenzie was charged with having and distributing films to the public which had not been examined and classified by the Kenya Film Classification Board.
Last month, Malindi Senior Resident Magistrate Olga Onalo found Mackenzie guilty of the offences.
"In respect to count two, I hereby sentence the accused person to twelve months imprisonment, while in respect to count three, I sentence the accused to six months imprisonment,” said Onalo.
She added that the sentences shall run concurrently with the accused person having a right of appeal in 14 days.
According to court records, KFCB said that it came to know about the activities of Mackenzie in 2019 after being alerted by the Kilifi County Commissioner and other security organs after an outcry from the public.
A sample of confiscated media forwarded to it by the DCI was noted to have prevalent themes ranging from propaganda, mis-presentation of facts, vulgar language, obscenity and portrayal of certain religious and societal practices in a derogatory manner.
The board also said that Mackenzie was still a threat to vulnerable and unsuspecting members of the public and as such, the potential for harm ought to be a genuine concern.
“The thematic areas in the content classified by the board as part of the evidence presented in court portrayed the callous nature of the offender, lack of concern for the well-being of his audience and a general respect for other members of the society in their various religious and societal factions,” the KFCB told the probation officer.
However, Mackenzie’s lawyer in this case James Mouko had objected saying that his client deserved a non-custodial sentence.
