Controversial pastor Paul Makenzi and his followers will remain in custody for another 30 days pending investigations into the deaths of more than 300 people in Shakahola forest, Kilifi county.
Shanzu Law Courts Senior Principal Magistrate Yusuf Shikanda today granted the controversial pastor's wife Roda Maweu a Sh100,000 personal bond with an alternative bond of Sh300,000 and a surety of a similar amount.
Shikanda ordered Maweu to report to the police as required until the completion of the investigations.
The Senior Principal Magistrate said that the State had failed to prove why she was being held together with her husband and 28 others over the Shakahola deaths.
The court allowed the state to detain Makenzi and his 16 followers who have been in custody for 30 days to allow the police to complete investigations.
"The application by the state for extension of custodial orders is allowed to the extent that the 1st to 17th respondents shall be remanded in custody for a further period not exceeding 60 days from June 2, 2023," ruled the Senior Principal Magistrate.
He also allowed the detention of 11 other followers of Makenzi who had been rescued from Shakahola forest and later resorted to hunger strike while at the rescue centre in Mtwapa, leading to the death of Joseph Buyuka dead at Malindi sub county hospital.
Shikanda gave the state time to indicate whether it will be seeking for an extension to detain the 11 rescued followers for a further 60 days.
"The twin applications are allowed only to the extent that the respondents in both save for the seventh (deceased) shall remain in prison custody. As proposed by the state, the respondents shall remain at Malindi, Kilifi and Shimo La Tewa GK prisons at the discretion of the state," he said.
Makenzi, his wife and 17 followers have been in custody for 60 days since their arrest.
The Senior Principal Magistrate directed that the respondents be held separately from convicts and in isolatation from one another as far as it is practicable.
He ordered that the respondents be treated at all times in humane manner and with respect for their inherent dignity.
Shikanda further ordered that Makenzi and his followers be accorded medical examination and healthcare whenever such need arises.
"During the time of detention, the respondents shall be granted reasonable access to their advocates and family or any other person whose assistance will be necessary," he said.
Buyuka was among the 30 followers who were on hunger strike for 10 days over Interior Cabinet Secretary Kithure Kindiki's averment to lock up Makenzi for life.
He succumbed to health complications related to hunger on June 16.
Senior state prosecutor Jami Yemina had applied for 60 more days to detain Makenzi and his followers pending investigations and charging.
Yemina had also applied for the detention of 65 rescued Makenzi followers from Shakahola forest after they went on a hunger strike in the rescue centre.
The prosecutor sought to have the suspects detained at Shimo La Tewa where they can be fed by the prison's medical officers who have the mandate to administer forceful feeding pending a mental health assessment report.
Yemina said that section 29 of the Prison Act allows the state to undertake forceful feeding on persons within the prison and that some of the victims would die if an urgent intervention was not taken.
On June 12, Senior Principal Magistrate Joe Omido ordered for the detention of the 65 rescued victims of Shakahola massacre at Shimo la Tewa pending investigations and charging.
