Tononoka Court has declined to grant bond to cult leader Paul Mackenzie and 38 parents of children rescued from the Shakahola forest.

In her ruling on Thursday, Tononoka Court Principal Magistrate Nelly Chepchirchir stated that the prosecution had advanced compelling reasons against the accused persons for interfering with children's witnesses.

Further, she stated that Article 53 of the Constitution and the Children Act 2022 require that the child's best interest be given paramount consideration in criminal cases.

“It should be clear to the parties involved that all of the victims are children. Article 53 of the Constitution states that the best interests of a child shall be prioritized in all matters affecting a child, and this is no exception.”

The prosecution's argument that Mackenzie and his co-accused have significant authority over the children who were saved during the slaughter and who could testify in court was accepted by the court.

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“Having considered the nature of offenses that the accused persons are charged with and the need to safeguard the best interests of the children who are witnesses in this matter and whom the accused may or have authority over, I find that these are compelling reasons to warrant all the accused persons to be denied bond at this point,”

However, the court indicated that it would expedite the hearing of the case to ensure that all parties are accorded justice.

Additionally, the judge directed that the pre-trial conference be conducted on 23 April 2024, with the accused person’s actual presence waived, but they can log in virtually.

Mackenzie and his 38 co-accused were charged with children-related offenses such as subjecting children to torture, assault, cruelty to children, and infringing a child’s right to education.

They were charged with 17 counts of offenses 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 leveled against them.

The accused persons allegedly committed the offenses on unknown dates between 2019 and 2023 at Shakahola Forest, Kilifi County.