The Shanzu Law court has ordered Shakahola main suspect Paul Mackenzie to record his abduction allegations to the nearest police station.
Shanzu Principal Magistrate Leah Juma on Wednesday directed Mackenzie be escorted to the nearest police station to register his complain.
He is expected to do so in the presence of his counsel even as the magistrate asked the police to carry out investigations in accordance with the law.
Juma made the direction after investigation officer, Steven Ambani appeared before the court to respond to the allegations.
Ambani stated that he has not received Mackenzie’s complain and if he had, he would have acted accordingly.
In her ruling she expressed contentment with his explanation and directed Mackenzie to record his statement on 8 April 2024 in either Mtwapa or Bamburi police stations.
The officer in charge of Shimo la Tewa Maximum Security Prison, Assistant Commissioner of Prisons Kassim Kimuyu presented himself before the court to address Mackenzie’s segregation from other suspects.
Kimuyu informed the court that Mackenzie is a prisoner serving a 10-month jail term after being convicted by a Malindi court on December 1, 2023.
Kimuyu also stated that any separation of Mackenzie or other inmates was conducted in compliance with relevant laws including the Prison Act and the Prevention of Terrorism Act.
In her ruling, the magistrate stated that she is satisfied with his explanation adding that the prison act allows segregation of the convict from remandees.
“This court has not noted any violation of the law or the rights of first accused person rights, who is a convict, a fact that has not been disputed,” the magistrate said.
Meanwhile, Juma declined Mackenzie’s application to have him transferred from Shimo la Tewa prison to Malindi GK prison.
The magistrate declared that she does not have the jurisdiction and advised him to approach the court that sentenced him.
The court directed that Mackenzie and his co-suspects continue to be detained at Shimo la Tewa Maximum Security prison and ordered prison authorities to be guided by the law in handling them.
Meanwhile, the court also directed the probation department and National Counter Terrorism Center ( NCTC) to file their pre-bail reports within 30 days.
The pre-bail reports are required to guide the court in determining an application by the Prosecution to oppose release of Mackenzie and his co-accused on bond.
The court also ordered NCTC to send a representative to court during the next mention date without fail.
The court directed that ordinary mention of the matter be on 18 April while further mention to confirm filing of pre-bail reports will be on 6 May 2024.
