MOMBASA, Kenya, Mar 13 – Cult leader Paul Mackenzie on Wednesday refused to appear before a Shanzu Magistrate Court, protesting harassment and discrimination by prison authorities.

Mackenzie and 94 other co-accused persons were appearing for the mention of their case, in which they have been charged with terrorism and organized criminal activities that led to the deaths of 429 people at Shakahola Forest between 2020 and 2023.

Despite lawyer Wycliffe Makasembo’s efforts to convince Mackenzie to attend the court proceedings, the attempt proved futile.

Mackenzie refused to participate in the hearing related to the prosecution’s application opposing his release and that of the other suspects on bond.

Makasembo told the Shanzu Principal Magistrate Leah Juma that Mackenzie complained of being unfairly separated from the other suspects, citing discrimination by prison authorities.

Additionally, Mackenzie expressed concerns about potential “abduction,”
Makasembo requested an adjournment to educate Mackenzie on legal matters and persuade him to resume attending the proceedings.

However, Senior Assistant DPP Peter Kiprop dismissed Mackenzie’s claims as mere theatrics intended to delay the proceedings.

They argued that the constitution’s Article 50 allows the trial of a case in the absence of the accused person.

Furthermore, the prosecution emphasized that Mackenzie, being a convicted prisoner, must be separated from the remandees according to the law.

The court heard allegations that Mackenzie had been influencing his co-Shakahola suspects to initiate a hunger strike, raising significant security concerns.

In her ruling, Juma summoned the officer in charge of Shimo la Tewa Maximum Security Prison to address Mackenzie’s alleged rights violation, particularly segregation from others.

Chief Inspector Raphael Wanjohi, the investigations officer, was also summoned to clarify the allegations of abduction.

The court directed the probation department to prepare bail reports for guidance in deciding on the DPP’s application to oppose the bond.

Additionally, Juma instructed the National Counter Terrorism Center (NCTC) to prepare psycho-social reports for each accused person.

The court is set to provide further directions on March 27, 2024, during the next mention of the matter.