The prosecution yesterday cross-examined seven defence witnesses in the ongoing case of Republic v Paul Nthenge Mackenzie and 39 others before Principal Magistrate Hon. Nelly Chepchirchir at the Tononoka Law Courts.
The 36 accused persons who were placed on their defence are facing various charges relating to offences against children, allegedly resulting in the infringement and violation of children’s rights.
Among those who testified was the 37th accused person, Agness Jumba, aged 44, who told the court that she has four children, including C.A.A., a protected witness in the case. During cross-examination, Gumba stated that she came to know George Mwaura through Times TV, which she said was owned by Paul Mackenzie, and obtained his contact details through the station. She testified that Mwaura, a pastor based in Makongeni, invited her to his home in Kasarani.
In trying to justify why she didn’t take her children to school, Jumba told the court that the nearest school to Shakahola was approximately 21 kilometres away and confirmed that C.A.A. previously attended Kawangware Primary School while they lived in Nairobi. She acknowledged that the child stopped attending school at the age of 16 and agreed that it is the responsibility of parents to ensure their children attend school. She also testified that when C.A.A. joined her in Shakahola, she was aware that there was no school available for the child to attend.
The court also heard testimony from 41-year-old Lucas Owino, who declined to swear using the Bible, describing himself as a “Mteule” (chosen one). Owino told the court that he previously lived in Kisumu Ndogo, Korogocho, and had neither a wife nor children. During cross-examination, he stated that he refrained from swearing on the Bible because Jesus had instructed him not to do so.
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He confirmed that he participated in fasting while in Shakahola and lived in Samaria and Isikari villages. Owino testified that he saw Paul Mackenzie residing in Galilaya village and confirmed seeing children in both Samaria and Isikari.
He further claimed that Mackenzie discouraged residents from visiting one another, citing concerns about witchcraft. Another defence witness, Alice Kawira, aged 40, testified that she had two children, including J.C.K., a protected witness, and A.K., who is deceased.
She recounted the circumstances surrounding the death of A.K., stating that after travelling from Meru to Bamburi, where the child had been receiving treatment for injuries, they returned home and rested.
She testified that A.K. later died while asleep. Kawira also told the court that she withdrew J.C.K. from School, citing challenges during the COVID-19 pandemic. She stated that the child never resumed schooling and that while in Shakahola, she was unable to enrol the child in school, adding that there were no schools in the area.
Stephen Sanga, aged 37, also testified and told the court that he has a 13-year-old child who has never lived in Shakahola.
He stated that he resided in Bethlehem village and volunteered as a guard at a local dam. During his testimony, Sanga admitted participating in the punishment of a child identified as A.B., alleging that the child had stolen food belonging to the 6th accused person. He stated that the punishment was administered at the request of the child’s mother.
The court further heard from Catherine Wanjiru, who testified that she had two children, G.N. and the late F.N. She told the court that G.N. last attended school in 2018 and was then preparing to join Class Four.
Wanjiru stated that she requested another individual, Evans, to discipline G.N. because she felt unable to do so herself.
Also taking the stand was 45-year-old Gilbert Kea from Malindi, who testified that he has three children, including J.N.K., who left school while in Class Four in 2018. Kea told the court that he decided to discontinue the child’s education after embracing certain religious beliefs and choosing what he described as “heavenly education” over worldly education. The court also heard testimony from Fridah Mwasambu Katana, the 39th accused person.
