Mackenzi, his wife and 16 others held for 30 days

Loading Article...

For the best experience, please enable JavaScript in your browser settings.

Others are Zablon Atanda alias Zablon Mwana Wa Jesus, Daniel Makori alias Mteule wa Yesu, John Mark Kiara, Fredrick Karimi, Collins Kabae, David Ambwaya, Emannuel Chilume nad Enos Ngala.

Delivering the ruling at Shanzu Law Courts, Shikanda said the magnitude of the deceased persons so far and the rescued victims cannot be ignored in determining the application to detain them.

"It is in the public domain that several people are reported missing. This matter has caused national and international concern. It is in the public interest and the interest of all affected parties including the respondents that the matter be properly and thoroughly investigated," said Shikanda.

The state had sought 90 days to conduct investigations into the deaths at Shakahola. However, the Office of the Director of Public Prosecution is yet to decide which charges to slap Mackenzi with having failed to pin him down on the radicalisation charges.

On May 5, President William Ruto formed a commission of inquiry into the Shakahola massacre to investigate and give recommendations including reforms to prevent similar incidents.

In their application, Senior State prosecutors Jami Yemina and Peris Bosibori told the court if Mackenzi and his accomplices who are linked to extreme religious ideologies, he is likely to jeopardise investigations.

The magistrate noted that releasing Mackenzi and his accomplices will jeopardise investigations because most rescued victims seem to suffer from the Stockholm syndrome.

Stockholm syndrome

"The circumstances of the case as depicted in the application and affidavit in support thereof together with the submissions by the State and the victims indicate that there is a high likelihood that some of the rescued victims who are potential witnesses may be suffering from the Stockholm syndrome. In such circumstances, it would be unsafe to release the respondents before the potential witnesses are restored to normalcy," noted Shikanda.

However, the magistrate noted that Mackenzi should be treated in a humane manner. "During the time of detention, the respondents shall be granted reasonable access to their advocate and family or any other person whose assistance will be necessary. The access will include the right to communicate privately with advocates," said Shikanda.

The magistrate said Mackenzi and his followers shall have a right to communicate by telephone or other means with any person of their choice and the persons in charge of facilities at which they are held to facilitate communication.

He is also to be accorded medical examination, treatment and healthcare wherever such need arises.

"In the event the state shall seek extension of the period granted, the state shall be required to submit a report indicating the general status of investigations done so far and what is left to be done," said Shikanda.