Suspected Shakahola cult leader Paul Nthege Mackenzie on Wednesday boycotted hearing of a terrorism case facing him and 94 others accusing prison authority of discrimination.
Mackenzie protested being separated from the other suspects charged alongside him, saying he feared being abducted.
His lawyer, Wycliffe Makasembo frantic plea to persuade him to appear in court for the hearing of bond application filed by the prosecution opposing their the release on bail hit a dead end.
Makasembo asked Principal Magistrate Leah Juma to adjourn the case to advise his clients but the prosecution opposed the application.
Prosecution counsels Peter Kiprop, Anthony Musyoka and Peris Ongega, dismissing Mackenzie’s claims as theatrics to delay the proceedings.
The DPP team stated that there is no harm if the court hears their bond application in Mackenzie’s absence, stating that Article 50 of the Constitution allows trial of any accused in absentia in certain circumstances.
According to the prosecution, Mackenzie is a convicted prisoner; hence, the law requires prison authority to separate him from his co-accused, who are remandees.
The Magistrate was told that Mackenzie had been radicalizing and encouraging the other accused persons to stage a hunger strike, hence raising serious security concerns.
Magistrate Juma summoned the officer in charge of Shimo la Tewa Maximum Security Prison and the investigating officer to appear and shed light on issues raised in court.
The court also directed the probation department to prepare bail reports to guide it in determining the DPP’s application to oppose the bond.
Magistrate Juma further directed the National Counter Terrorism Center (NCTC) to prepare psychosocial reports on each of the accused persons. The court will give further direction on 27 March 2024 when the matter will be mentioned.