A court has dropped the case against two suspects linked to Shakahola massacre, after they died in custody.
Mombasa Chief Magistrate Alex Ithuku made the directive after the prosecution submitted burial permits and postmortem reports detailing the deaths of the two suspects.
According to the official death reports, the duo died from illness. Mary Charo Mbita died in June at Coast General Referral Teaching Hospital.
The second suspect, Edison Safari Munyambo alias Baba Sifa died on August 19 at Shimo la Tewa health facility. The bodies were released to the relatives for burial after autopsy.
Meanwhile, Ithuku ordered the officer in charge of Shimo la Tewa women's prison to appear in court over claims of maltreatment of female suspects.
The suspects, including Paul Makenzi's wife Rhonda Mumbua Maweu claimed that they endure torture, being denied food, sleeping on the floor, and physical assault.
“The allegations raised were serious and it is prudent for the officer in charge of the women's prison to provide a comprehensive report of the allegations and should appear in court today to answer to the claims by the witnesses,” the chief magistrate directed.
The Chief Magistrate ordered the officer to investigate the allegations and submit a comprehensive finding.
The court also asked the media to ensure they report fairly and accurately proceedings in the case, as it is of public interest.
Ithuku allowed victims to participate through counsel instructed by Haki Africa.
Meanwhile, a witness narrated how they left Kitale and ended up in Shakahola. The minor was testifying against controversial preacher Makenzi and 93 other accused persons charged in connection with the Shakahola massacre.
The minor, under the Witness Protection Agency, told the court that his mother was a follower of Makenzi's sermons on TV and later called the preacher to inform him that they were travelling to Shakahola.
After arriving in Malindi, the witness told the court that the Makenzi sent an old man identified as Joseph, who was among the security team, to pick them up and take them to Shakahola Madukani.
“Once at Shakahola, Paul Makenzi called for a meeting where many people attended and issued an order that they are supposed to fast and be ready to go to Jesus,” the witness testified before Mombasa Chief Magistrate Ithuku.
The witness told the court that the preacher directed how fasting was to be done and the kids were to start followed by the youth, then women, and finally the men.
Makenzi told them that he would be the last person to fast and would eventually grow wings and fly to heaven to meet them with Jesus.
The witness narrated that he escaped from home to look for food in a neighbor's house after fasting for three days.
The neighbour reported him to Makenzi and was taken to an elder where he was beaten by his mother and the security team.
“As I was escaping, an old man took a photo of me and sent it to Makenzi. The next day he tried to take me back to Shakahola but I refused. This forced my mother to come with two elders who introduced themselves as local chiefs and took me back to Shakahola where I was tied with a rope to deter me from escaping,” the witness told the court.
He escaped the second time and was rescued by an old man who took him to school and later a children's home.
Kgitonga@standardmedia.co.ke
