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A Shanzu court has allowed police to continue holding Shakahola cult leader Paul Nthenge Mackenzie for 30 more days to enable police complete investigations.

In his ruling, Senior Principal Magistrate Yusuf Shikanda said the application by the State, that sought to have Mackenzie, his wife Rhoda Mumbua and his 18 aides detained, had merit.

“The application by the State is allowed pursuant to Article 49 (1) (h) of the Constitution section 36A(4)C of the criminal procedure code and section 33 of the Terrorism Act. Police are hereby allowed to hold the respondents in detention for a period not exceeding 30 days from May 3,” he ruled.

Shikanda said the State had demonstrated that continued detention of the respondents without charge was the least restrictive action it could take in balancing the rights of the respondents.

“The matter being of public interest order and security there is need to preserve the integrity of the administration of justice and the interests of the victims therefore the grave public interest of the matter outweighs the right of the respondents to liberty,” he ruled.

Human dignity

The magistrate further observed that it was his finding that limitation of the respondents liberty at this stage was reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom.

“Considering the importance of the purpose of the limitation, I find that the integrity of the criminal process may be guaranteed and the evidence may not be preserved by attaching stringent bond terms,” he said.

Shikanda ruled that releasing the respondents before conducting the identification parades would expose the potential witnesses to intimidation and interference.

“I am inclined to agree that if the respondents are released at this stage, the efforts to trace and find the missing persons may be jeopardized, based on the material before me. I am satisfied that the safety and security of the suspects may be at risk if they are released on bond at this stage,” he said.

The court further issued orders to the police stations where the suspects will be held to accord them medical examination and treatment. The judge also ordered officers commanding police stations (OCS) to facilitate telephone communication to their lawyers and any person of their choice.

The State, through senior prosecution counsel Yamina Jamii, had sought to hold the suspects for 90 days to enable police complete investigations on grounds that over 130 bodies have so far been exhumed and the numbers keep rising, and that offences under investigation were serious in nature and would require more time to probe.

The matter will be mentioned on June 2 for further directions.