DPP presents Mackenzie with evidence, witness statements in child torture case

The prosecution has disclosed evidence to controversial preacher Paul Mackenzie and 38 of his co-accused persons in the ongoing child cruelty and torture case against them as directed by the court last week.

The evidentiary material includes witness statements, video and audio exhibits, and forensic and expert reports among others.

According to a statement issued by the Office of the Director of Public Prosecutions (ODPP) on Friday, the 39 suspects will now be arraigned before Tononoka Children's Court Principal Magistrate Nelly Chepchirchir next month for hearing of the case.

The ODPP said the case was supposed to be heard on Friday but was pushed due to Mackenzie's lawyer Wycliffe Makasembo's absence. The Magistrate thus directed for the defence lawyer to be informed of the next hearing.

"Chepchirchir directed the prosecution to inform him through his last known address of the next mentioned date and production order of all the accused persons," stated the ODPP.

"The court intends to fix a hearing date on 4th June 2024 in the presence of the defence counsel and his clients, who were denied bond for being a flight risk."

During the hearing on Thursday, the court had also dispensed with the accused persons’ attendance but allowed them to join virtually from Shimo La Tewa Maximum Security Prison.

Magistrate Chepchirchir indicated that she will expedite the hearing of the case to ensure all parties are accorded justice.

The development comes after the court last week ordered Mackenzie to be served with witness statements and exhibits in the case.

Mackenzie and his 38 co-accused, who are parents of children victims rescued from the Shakahola forest, are 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.