The Director of Public Prosecutions (DPP) has denied entering into a plea agreement with controversial cult leader Paul Nthenge Mackenzie in a case in which he was charged with radicalisation.
In a press statement, the DPP said Makenzi was acquitted by a Malindi court after being put on his defence.
"The Office of the Director of Public Prosecutions wishes to clarify that the office did not enter into a plea agreement with Paul Thenge Mackenzie, and that the accused was placed on his defence and subsequently acquitted pursuant to Section 215 of the Criminal Procedure Code and not Section 210, in the Malindi Criminal Case No. 790 of 2017," the DPP said.
The DPP further clarified that Makenzi and his accomplices, Winnie Alexander Gandi and Betty Mwaka, were charged jointly with the offence of offering basic education in an unregistered institution contrary to Section 76 (1)(2) as read with 92 (a) of the Basic Education Act No. 14 of 2013, vide Criminal Case 182 of 2017.
"Paul Thenge Makenzi pleaded guilty to the offence of offering Basic Education in an unregistered institution contrary to Section 76 (1)(2) as read with 92 (a) of the Basic Education Act No. 14 of 2013 which attracts a maximum penalty of Kshs. 200,000 or a term of imprisonment not exceeding 12 months, or both.
"The accused was fined Kshs. 20,000 and paid vide receipt no. 3500206 dated 23rd March 2017," the DPP stated.
DPP on Gandi, Mwaka's case
DPP also revealed that Gandi and Mwaka, who were teachers at the Good News International Ministries, were charged with the offence of practicing as a teacher without a certificate of registration contrary to Section 19 as read with Section 39(c) of the Teachers Service Commission Act No. 12 of 2012.
"The accused persons pleaded not guilty and the matter was set down for hearing.
"Subsequently, on 13th December 2018, the two accused persons pleaded guilty following a Plea Agreement, dated 13th December 2018 premised on the condition that they would be of good behaviour. Consequently, they were sentenced to a conditional discharge under Section 35 (1) of the Penal Code," the DPP added.
