Pastor Paul Mackenzie, the primary suspect in Shakahola, has been ordered by the court to report claims of abduction to the police station by Monday of the following week.
Mackenzie, who is being held along with 94 other inmates at the Shimo la Tewa Maximum Security Prison, made an appearance before the Shanzu Law Courts on Thursday about an abduction accusation.
However, the investigating officer, Steven Ambani, informed the court that he was unaware of Mackenzie's claim, according to a statement from the director of public prosecution.
Shanzu Principal Magistrate Leah Juma gave the controversial preacher instructions to record his testimony with his attorney present, after which the police would begin an investigation.
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"he DPP stated, “The court directed that he record his complaint in the presence of his counsel and that the police conduct lawful"investigations.”
"Juma expressed contentment with Ambani's explanation and directed Mackenzie to record his statement with the police on 8 April 2024."
Regarding Mackenzie's second allegation of segregation from his co-defendant, the DPP stated that the court was pleased with the answer provided by Assistant Commissioner of Prisons Mr. Kassim Kimuyu, who is also the officer in charge of Shimo la Tewa.
According to the DPP, Kimuyu contended that the preacher was serving a 10-month sentence in jail and that his separation from the act was compliant with the Prevention of Terrorism Act and the Prison Act.
Mackenzie begged to be transferred to Malindi GK prison, but the magistrate denied her request, stating that she "lacked jurisdiction" to carry out the procedure.
"The magistrate stated that she is satisfied with his explanation, adding that the prison act allows segregation of convicts from remandees. Meanwhile, Hon Juma declined Mackenzie's request to be transferred from Shimo la Tewa prison to Malindi GK prison," DPP noted.
"The magistrate stated that she did not have jurisdiction and urged Mackenzie to approach the court that sentenced him."
Nonetheless, she commanded the jail administration to treat McKenzie and his co-accused by the law.
The court also ordered the National Counter Terrorism Center (NCTC) and the probation department to submit their pre-bail reports within 30 days of each other.
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The DPP claims that the pre-bail reports are necessary to help the court decide whether to grant the prosecution's request to prevent Mackenzie and his co-accused's bond release.
The subject was scheduled to be discussed informally on April 18 and again informally on May 6, 2024, to verify the submission of pre-bail reports.
Because Mackenzie skipped his bail hearing and claimed that jail personnel were mistreating him, the court was obliged to defer the matter at the beginning of last month.
Wycliffe Makasembo, his attorney, informed the court that Mackenzie had voiced concerns about being kept apart from the other accused.
Mackenzie's lawyer requested an adjournment so that he could counsel his client on the matter after he also voiced fears about abduction, which complicated the process.
