A Kenyan court has ordered the hospitalization of Paul Mackenzie, a controversial preacher and prime suspect in the Shakahola massacre, alongside 94 other individuals who have been on a hunger strike.
Court’s Decision
On February 20th, 2024, Chief Magistrate Alex Ithuku issued orders following the prosecution’s plea to assess the health and nutritional status of the suspects. This decision aims to ensure their well-being despite their protest action.
ODPP’s Argument
The Office of the Directorate of Public Prosecutions (ODPP) argued that the suspects’ health condition demanded immediate attention, citing their right to proper nutrition and healthcare as outlined in Kenyan law. Principal Prosecution Counsel Alex Gituma and his colleagues emphasized the legal framework guaranteeing these rights.
“Mombasa Law courts Chief Magistrate Alex Ithuku has today ordered that Shakahola key suspect Paul Mackenzie and 94 others be taken to hospital after staging a fresh hunger strike. Hon. Ithuku’s directive comes after an application by the prosecution seeking to have the accused persons examined by medical practitioners on their nutrition and health condition,” ODPP stated.
The prosecution informed the court in the same application that it is not in favor of the accused being released on bond because, having left their homes for Shakahola Forest, they pose a flight risk and would be difficult for the state to find if they were released.
The ODPP informed the court that if the suspects were proven guilty of the crimes, they would likely face harsh terms and flee the country.
“The prosecution further notes that Mackenzie and his co-accused are likely to interfere with key witnesses including children, whom they have immense control and influence over,” ODPP added.