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Pastor Paul Mackenzie and 38 others have been denied bond after facing charges related to child cruelty, torture, and denying children their right to education.

In a ruling on Thursday, March 14, Principal Magistrate Nelly Chepchirchir noted the importance of considering the best interests of the children involved.

“It should be clear to the parties involved that all of the victims are children. Article 53 of the Constitution states that the best interests of a child shall be prioritized in all matters affecting a child, and this is no exception,” Chepchirchir stated.

Adding;

“Having considered the nature of offences 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.”

According to the Office of the Director of Public Prosecutions (ODPP), the court concurred with the prosecution’s argument that Mackenzie and his co-accused wield significant influence and control over the children rescued from the Shakahola forest, who are potential witnesses in the case.

Despite the denial of the bond, the court assured that the case would be expedited to ensure justice for all parties involved.

A pre-trial is scheduled for April 23, 2024, with provisions for virtual attendance by the accused persons.

Mackenzie and his 38 co-accused face charges related to offences against children, including torture, assault, cruelty, and infringement of the right to education.

The charges encompass violations under various laws, such as the Children Act 2012, the Prevention of Torture Act 2017, and the Basic Education Act 2013.

The offences are said to have occurred between 2019 and 2023 at Shakahola Forest, Kilifi County.

“Mackenzie and his 38 co-accused were charged with children-related offences such as subjecting children to torture, assault, cruelty to children, and infringing a child’s right to education. They were charged with 17 counts of offences under the Children Act 2012, the Prevention of Torture Act 2017, and the Basic Education Act 2013. These charges include two counts of subjecting a child to torture with an alternative count of assault causing actual bodily harm, nine charges of cruelty to a child, and six counts of infringing a child’s right to education. All 39 accused persons denied all the charges levelled against them. The accused persons allegedly committed the offences on unknown dates between 2019 and 2023 at Shakahola Forest, Kilifi County,” the statement by the ODPP stated.

The accused persons have denied all charges brought against them.

Mackenzie, Shakahola massacre

In Pastor Mackenzie’s twisted belief that they would secure their path to heaven, 191 children, and 238 adults lost their lives in the Shakahola massacre.

One instance involved an eight-year-old boy named TW enduring beatings with sticks.

Additionally, a 17-year-old, JNK, suffered malnutrition after being taken from school to join the group.

Another teenager, JCK, was deprived of food, as was a 13-year-old named EWO, along with several other children including EMD, PP, EGW, CAA, GN, and EI.

The accused face charges of intentional harm and neglect against the victims.