The prosecution on Thursday, May 2 confirmed disclosing evidentiary material to Shakahola massacre prime suspect Pastor Paul Mackenzie and 38 others to prove 17 counts of torture and cruelty against children.

The pronouncement paves the way for Tononoka Children’s Court’s Principal Magistrate Nelly Chepchirchir to fix a hearing date next month.

The prosecution evidence includes, among others, witness statements, video and audio exhibits, and forensic and expert reports.

The court would have fixed the hearing date on the same day of confirmation, but it was delayed since Mackenzie’s lawyer, Wycliffe Makasembo, was absent to represent them.

Magistrate Chepchirchir directed the prosecution to inform him through his last known address of the next mention date and production order of all the accused persons.

The court had dispensed with the accused persons’ attendance but allowed them to join virtually from Shimo La Tewa Maximum Security Prison.

The court intends to fix a hearing date on 4th June 2024 in the presence of the defense counsel and his clients, who were denied bond for being a flight risk.

The magistrate indicated that she will expedite the hearing of the case to ensure all parties are accorded justice.

Mackenzie and his 38 co-accused, who are parents of children victims rescued from the Shakahola forest, were charged with 17 counts of offences under the Children Act 2012, the Prevention of Torture Act 2017, and the Basic Education Act 2013.

These charges include two counts of subjecting a child to torture with an alternative count of assault causing actual bodily harm, nine charges of cruelty to a child, and six counts of infringing a child’s right to education.

All 39 accused persons denied all the charges leveled against them. The accused persons allegedly committed the offences on unknown dates between 2019 and 2023 at Shakahola Forest, Kilifi County.