Court orders Mackenzie be served with witness statements in child torture case

Court orders Mackenzie be served with witness statements in child torture case

Self-proclaimed preacher Pastor Paul Mackenzie and his co-accused persons appear before a Mombasa court. PHOTO | COURTESY | ODPP

A Mombasa court has directed that self-proclaimed preacher Pastor Paul Mackenzie and 38 of his co-accused persons be served with witness statements and exhibits in the ongoing children cruelty and torture case facing them.

Mariakani Law Courts Senior Resident Magistrate Nelly Chepchirchir issued the verdict on Tuesday despite the absence of lawyer Wycliffe Makasembo, who is representing Mackenzie.

Magistrate Chepchirchir also instructed Mackenzie and his co-accused persons to stay in prison until their case is heard and decided, following the prosecution's request to oppose their release on bond.

“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,” the judge ruled.

She likewise decreed that the case hearing be expedited to ensure all parties are accorded justice.

Mackenzie and his co-accused face 17 charges under the Children Act 2012, the Prevention of Torture Act 2017, and the Basic Education Act 2013.

The charges comprise two counts of subjecting a child to torture, with an alternative accusation of assault causing bodily harm, nine charges related to cruelty against a child and six counts of violating a child's right to education.

All 39 accused persons have denied the charges with the matter set for mentioning on May 2, 2024.

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