“Tunanyimwa chakula”: Pastor Mackenzie, his wife accuse police of denying them food in custody

Pastor Paul Nthenge Mackenzie of Malindi, his wife Rhoda Mumbua Maweu, and 16 other co-accused people claim that police denied them food while they were detained.

The suspects, who are being imprisoned in connection with the alleged starvation deaths of over 100 people in the notorious Shakahola jungle, also claimed that police beat them.

The leader of the Good News International Church, Mackenzie, is accused of serious crimes including murder, counseling and assisting suicide, aiding abduction, radicalization, genocide, crimes against humanity, child abuse, fraud, and money laundering. He has also complained of being mistreated by police.

Earlier today, the Office of the Director of Criminal Investigation (ODPP) filed an application before the Shanzu Senior Principal Magistrate Yusuf Shikanda to continue holding Mackenzie and others for 90 days.

The DPP claims that given the nature of the case and the lines of inquiry being pursued, the 14-day term they were initially given by a Malindi Court to hold Mackenzie and the co-accused proven to be egregiously inadequate.

Because things are constantly changing, senior principal prosecution attorney Jami Yamina informed the Shanzu Court that they needed additional time to wrap up their inquiries.

“When the investigation kicked off, we thought it was only 14 bodies, we are now past 100 bodies and the number is still growing. The respondents are all adherents of Good News International and we believe they still hold onto the extreme religious beliefs,” said Yamina.

He said the suspects, who are being held at different police stations; Malindi Police Station, Marereni Police Station, Watamu Police Station, Mtwapa Police Station and Bamburi Police Station, might interfere with the investigations.

Yamina also told the court that for the safety of the accused persons, the police should be granted the 90 days request. He cited an incident whereby angry Malindi residents stormed Mackenzie’s home on Monday.

“For their (accused persons) own safety, they might not be welcomed back. We do not want this matter to end in mob justice because of so many families that are grieving,” he said.

He added,” It is the duty of the State to protect them. They can be properly nourished, as they appear now compared to when they were first arrested. There is a danger of them going to the forest to complete what they had started (fasting to death)”.

However, Mackenzie and his legal counsels Elisha Komora and George Kariuki dismissed the averments by the State that the accused persons “are being well taken care of in the police cells”.

“The assertions by the State that the suspects should continue being held to be nourished, are misleading. This morning, all the respondents did not have breakfast. The respondents were denied food for two days since they left the court on May 2,” said Komora.

He added,” Three respondents were also battered in a police cell. For the State to say that they (accused persons) are having a good time in police custody is misleading”.

Komora also said Mackenzie’s wife, who was arrested with their two-and-half-year-old daughter, has been forced to buy food and water for the minor.

“The 18th respondent (Mackenzie’s wife) was arrested with her minor of two and half years. She has been forced to buy food and water for her child. The State has failed to provide,” he said.

During the court lunch break, Mackenzie also confirmed to journalists in court that they are being denied food and some were beaten.

“It is true, we are being denied food. Some of us were also beaten,” he said.

During his submission, Kairuki said they are representing the 18 accused persons on a pro bono basis because they are interested in knowing the truth about Shakahola.

Kariuki also complained of being denied access to talk to their clients.

“Last time, we were informed that a list of where the respondents will be detained will be provided to us. This has not happened. We would like to reply to this application with an affidavit from each of the respondents. It was not possible because we were frustrated to access them,” he said.

He said the motion before the Court that seeks to detain Mackenzie and others for 90 days is a gross abuse of process and powers of the court.

“The state exhausted its time for the investigation that it was granted by the Malindi court. In their own choice, they did not go to seek an extension of time, but they sought to close the file,” he said.

“The state had said that the accused persons need to be charged in a specialized court at Shanzu. However, they are here asking for more time.”

Kariuki also told the court that after the release of Mackenzie and the others by the Malindi Magistrate Court on Tuesday (May 2), they were re-arrested while still in the cells.

“Releasing and re-arresting them immediately was a mockery of justice. There was no release contrary to the court order. It was continued detention,” he said

He urged the court to dismiss the application by the State.