Why Court Has Declined To Grant Pastor Mackenzie, 38 Other Shakahola Massacre Suspects Bond

A Mombasa Court has declined to grant bond to Pastor Paul Mackenzie and 38 others, who are parents of children victims rescued from Shakahola forest.

In a ruling on Thursday, March 14, Tononoka Children's Court Principal Magistrate Nelly Chepchirchir said the prosecution presented compelling reasons against the accused for interfering with child witnesses.

The Principal Magistrate noted that Article 53 of the Constitution and the Children Act 2022 require that the best interests of the child be given paramount consideration in criminal cases.

The court agreed with the prosecution's submission that Mackenzie and his co-accused have strong influence and control over the children rescued from the massacre who are potential witnesses in the case.

“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,” Chepchirchir ruled.

The court, however, indicated that it would expedite the hearing of the case to ensure that justice is done to all parties.

Chepchirchir ordered that the pre-trial conference be held on April 23, 2024, with the defendants not required to be physically present but able to participate virtually.

Mackenzie and his 38 co-accused are facing 17 counts of offenses under the Children Act 2012, the Prevention of Torture Act 2017, and the Basic Education Act 2013.

The charges include two counts of subjecting a child to torture with an alternative count of assault causing actual bodily harm, nine counts of cruelty to a child, and six counts of contravening a child's right to education.