Suspected religious cult leader Pastor Paul Mackenzie and 17 others are to remain in custody further pending the investigations, a Shanzu court ruled on Thursday, August 10, 2023.
In its ruling, the court ordered that the suspects be detained for a period not exceeding 47 days from August 2. This means they will be in custody for 39 more days.
"In view of the foregoing, I find merit in the application by the State. Consequently, I order that the application by the State for extension of custodial orders is allowed to the extent that the 1st to 17th respondents in with the exception of the 7th respondent ( Stephen Ominde Lwangu) who is since deceased. The 17 shall be remanded in custody for a further period not exceeding 47 days from August 2, 2023," ruled senior principal magistrate Y. A Shikanda.
The Director of Public Prosecution had requested for Mackenzie to be detained for another period not exceeding 47 days to allow for investigations into three matters.
"We are seeking an extension of the detention period for a further 47 days. That going by the magnitude and evolving nature of the investigations, and noting that bodies were still being exhumed, the period sought was reasonable by any standard," the state prosecutor told the court.
The prosecutor further submitted that the bodies that had been exhumed were yet to be identified and that it was only after DNA analysis that the bodies would be identified.
"That the DNA analysis would take longer owing to various challenges," the court heard.
The State contended that no charge could be instituted if the deceased victims are unknown.
Further, the court was told that the government is apprehensive that if the suspects are released, the prosecution may not have witnesses.
Mackenzie as well as 17 others will be held at Shimo La Tewa, Kilifi and Malindi GK Prisons as recommended by the government.
Mackenzie and his co-accused are facing charges under the Terrorism Act for suspected cultic activities that have led to the exhumation of over 300 bodies in Shakahola.
