Jul 26, 2023

Shakahola Cult: ODPP says 65 survivors fit to stand trial


The Standard

By Joackim Bwana 

July 25, 2023

All the 64 survivors rescued from the Shakahola forest are fit to stand trial, according to the Office of the Director of Public Prosecution (ODPP).

The ODPP today the court all the 64 suspects linked to the Shakahola Massacre have undergone mental assessment and were found to be fit.

ODPP’s Senior Prosecutor Jami Yamina applied to have the 64 victims moved from the Sajahanand Rescue Centre in Mtwapa to Shimo La Tewa Prisons pending the recording of statements.

Yamina told Senior Principal Magistrate Joe Omido that some of the 64 survivors gave investigators false names or identities, and well-scripted and choreographed versions that failed to account for the status of their children.

"The rest of the 64 survivors were found with sound mental status to stand trial hence nothing prevented them from meaningful engagement with investigators with the assistance of advocates of their choice or with legal aid provided to them by the National Legal Aid Service," said Yamina.

He told the court that two of the survivors have since been diagnosed with mental health conditions and they would be dealt with per the law once their family members have been traced.

Yamina said the suspects left for Shakahola with children of tender years who have been missing and believed to be dead.

The DPP sought a court order to have the 64 rescued persons record statements with investigators to provide a proper account of their roles in the Shakahola massacre. This is per provisions of the rules necessitated by the need to disclose information for the prevention of terrorism.

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"Since the 64 have now regained their strength, it is necessary to hold the male and the females in separate detention facilities as required by law, alongside promoting other rights due to detained persons like medical attention, nutritional diet, complaints and redress mechanism, disciplinary mechanisms, and proper record keeping," said Yamina.

Jami urged the court to transfer the suspects from Sajahanand Rescue Centre, where they were being held, to Shimo La Tewa GK Women Remand and the males at Shimo La Tewa GK Prison respectively pending completion of investigations.

Jami emphasized that the police had gathered enough evidence through the surviving children and other cooperating suspects and witnesses.

He said it was the chance to preserve evidence from their versions of events which could help in decision-making despite the same not being used against them, save for information that was already preserved by police through other means.

Yamina said the information would aid in preventing further crimes by those who may have escaped arrest.

He urged the courts not to release the 64 suspects without de-radicalisation, disengagement, and re-integration processes taking place to prevent recruitment within communities.

"The families at home deserved to be prepared as opposed to having them arrive without children or before proper burial rights could be done in case of those found deceased," said Yamina.

He said that Shakahola is no longer just a place, but a mindset and an ideology that could be disseminated through the 64 individuals.

The hearing continues on July 31, before Makenzi and his followers are arraigned for further orders.

 

https://www.standardmedia.co.ke/national/article/2001477992/shakahola-cult-odpp-says-65-survivors-fit-to-stand-trial

 

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