Court Orders Mackenzie to be Served With Witness Statements After Lawyer Abandons Him
A Mombasa court instructed on Tuesday that the main suspect in the Shakahola massacre, Paul Mackenzie, along with his co-defendants, must be provided with witness statements in a case involving child abuse and torture.
The order was given because Wycliffe Makasembo, the lawyer representing Mackenzie, did not show up in court to defend his clients.
The court announced the lawyer’s absence without specifying the reason for Makasembo’s failure to attend the hearing.
Due to Makasembo’s absence, the court had no choice but to instruct the distribution of the witness statements to all the defendants.
Justice Chepchirchir ordered that the accused individuals must stay in prison until their trial is completed, as the prosecution’s request to deny them bail was approved.
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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,” the judge observed.
When delivering the orders, the court stated that it would fast-track the hearing of the case to guarantee justice for all involved parties.
Mackenzie and his 38 co-defendants faced charges on 17 counts related to violations of the Children Act 2012, the Prevention of Torture Act 2017, and the Basic Education Act.
The charges involved two counts of torturing a child with an alternative charge of assault resulting in actual bodily harm, nine counts of child cruelty, and six counts of violating 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,” the prosecution noted.
The case is scheduled for a mention on May 2, 2024, to verify the affidavits of service and establish a hearing date.
Court Orders Mackenzie to be Served With Witness Statements After Lawyer Abandons Him