The Office Of the Director of Public Prosecution(ODPP) is seeking a court order for 65 people rescued from Shakahola forest to be detained at the Shimo la Tewa prison and forced to eat after they staged a hunger strike.
The men and women who were rescued while in poor health conditions have been undergoing counselling at a rescue centre in Mtwapa.
Senior Principal Magistrate Joe Omido heard they staged a hunger strike last week, threatening to starve themselves.
The state also produced a charge sheet in court, in which 38 women and 27 men were accused of attempted suicide.
However, they were not required to plead with the state, asking the court to give further direction later.
Senior Principal Prosecution Counsel SPPC Jami Yamani and Principal Prosecution Counsel (PPC) Juma Victor Owiti asked Omido to issue an order directing the medical officer in Shimo la Tewa prison to feed the victims forcefully.
Jami submitted that the victims were taken to hospitals after they were rescued, emaciated, with some almost dying, and had undergone counselling by trained DCI officers.
The two senior prosecutors said the rescue centres where they have been held can no longer hold them due to the hunger strike.
The prosecution further submitted that detaining the Shakahola survivors inside the highly guarded prison would enable investigators to treat them as victims and suspects.
The court was also asked to order that each of the 65 suspects be subjected to a mental health assessment by a qualified psychiatrist and that the report be filed in court.
Jami and Owiti further told the court that at the prison facility, the group will be forcefully fed without being tortured or their rights breached, adding that they need to be in an environment where they can be examined medically and a report filed in court and shared with the investigators.
The court will rule Thursday on whether it will grant the state’s application to hold the suspects at the Shimo la Tewa prison.