The court has issued a 14-day ultimatum to the state to file charges against Pastor Paul Mackenzie and 17 other individuals linked to the Shakahola massacre.
Should the state fail to meet this deadline, the court will release the suspects on its own terms.
Senior Principal Magistrate Y. Shikanda made this decision during a ruling at the Shanzu court on January 9.
The suspects, connected to the cult-related deaths at Shakahola, have been in custody for an unprecedented 117 days without facing charges, marking the longest pre-charge detention in Kenyan history since the adoption of the 2010 constitution.
Magistrate Shikanda emphasized that a considerable amount of time has passed since the initial bail application, and ongoing investigations should have concluded by now.
The ruling stated, “In my view, that is sufficient time within which the pending investigations ought to have been completed.” The court will revisit the matter at the Shanzu courts on January 23 for further directives.
In late December, the Shanzu court granted an extension of the suspects’ detention for an additional 180 days based on the prosecution’s request, pending the completion of investigations.
Senior Principal Magistrate Joe Omido, in a Thursday afternoon ruling, acknowledged the compelling reasons presented by the prosecution, stating that detectives needed time to gather evidence before laying charges against each suspect.
Chief Inspector Julius Wanjohi, in an affidavit, mentioned the complexity of the investigation, particularly the extraction of DNA material from 429 bodies for analysis.
Justice Omido highlighted the challenging nature of the autopsy exercise, given that 360 bodies were severely decomposed, making it delicate, costly, laborious, and time-consuming.
The court recognized that uncovering the mystery behind the Shakahola massacre’s cause was akin to solving a complex jigsaw puzzle, requiring significant time and resources.
Concerns about flight risk, potential interference with witnesses, and self-harm led the court to rule that the suspects should remain in custody.
The safety of some suspects was also considered at risk, as they had left their homes with children now presumed dead in the Shakahola massacre.
The court emphasized that the Director of Public Prosecutions (DPP) needed sufficient time to review the evidence and determine the charges against each of the 66 suspects. As a result, the court ordered the further remand of the suspects for 130 days, starting from September 11th, when the initial application was filed. They are to be held at Shimo La Tewa GK, Kilifi GK, and Malindi GK Men and Women Remand facilities.
