Mackenzie writes to Chief Justice seeking assurance of a fair hearing over Shakahola probe
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Mackenzie seeks assurances of a fair hearing from the Chief Justice and all criminal justice system over the Shakahola probe
Mackenzie seeks assurances of a fair hearing from the Chief Justice and all criminal justice system over the Shakahola probe.
Following comments made by Interior Cabinet Secretary Kithure Kindiki that he and his accomplices will rot in prison, controversial televangelist Paul Mackenzie has filed a court appeal asking for assurances that his trial will be fair.
The suspected cult leader of Good News International Ministries said through his lawyer Wycliff Makasembo that CS Kindiki stated in Shakahola that he would ensure that Mackenzie and his accomplices remained in prison for life even if they were granted release by the courts.
The lawyer made the application before Shanzu Senior Principal Magistrate Yusuf Shikanda.
The defense team thought they needed confirmation from Chief Justice Martha Koome, Chairman of Justice and Constitutional Affairs National Assembly, DCI, and Chairman of LSK that their clients would receive justice and fair treatment, he said.
He said some of the respondents have resorted to hunger strikes and warned that they will boycott court proceedings if their matter is not addressed.
Makasembo said the words that were uttered by the CS shows he had already tried and condemned the respondents.
“He said and I quote him even if the court acquits the said respondents he will make sure that he takes them to prison where they will rot for the rest of their lives,” he said.
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The defense lawyer said the utterances were quite demeaning, adding that the CS owns a Ph.D. in law, and whatever he said made him wonder whether he was running another independent court apart from the one established by the Constitution of Kenya.
Makasembo said the suspects are yet to be charged and are presumed innocent until proven guilty.
He also sought to know whether the statements by the CS were a government policy having come from a member of the Executive.
He said if the CS feels the Kenyan courts are incompetent, he should invite an international court like the UN to take the matter.
The prosecution however asked the court to dismiss the application filed by the defence counsel terming it as having been filed on the wrong forum.
Ogega Bosibori from the Office of the Director Of Public Prosecution and Yusuf Abubakar from Haki Africa – representing the victims of the Shakahola massacre – said the judiciary was an independent body and the defence should not rely on CS who is not part of the case.
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