A Mombasa court on Tuesday directed Shakahola massacre prime suspect Paul Mackenzie and co-accused to be served with witness statements in a children's cruelty and torture case.
The directive was issued after Mackenzie’s lawyer Wycliffe Makasembo failed to appear in court to represent his clients.
The court while announcing the lawyer's absence, did not state the reason behind Makasembo's failure to appear in court.
Following Makasembo's absence, the court was left with no alternative other than to order the submission of the witnesses' statements to all the accused.
Justice Chepchirchir also directed that the accused persons remain in prison until their case is heard and determined after allowing the prosecution's application 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 observed.
While issuing the orders, the court indicated that it would expedite the hearing of the case to ensure all parties are accorded justice.
Mackenzie and his 38 co-accused were charged with 17 counts of offences under the Children Act 2012, the Prevention of Torture Act 2017, and the Basic Education Act.
The charges included; 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.
"All 39 accused persons denied all the charges levelled against them. The accused persons allegedly committed the offences on unknown dates between 2019 and 2023 at Shakahola Forest, Kilifi County," the prosecution noted.
The matter has been fixed for a mention on May 2, 2024, to confirm affidavits of service and set a hearing date.
