The major suspect in the Shakahola massacre, Paul Nthege Mackenzie, snubbed today's hearing in a terrorist case against him and 94 others.
His lawyer, Wycliffe Makasembo, made a desperate attempt to persuade him to attend in court, but it failed.
The hearing was for the prosecution's bond application, which opposed the release of the 95 accused.
Makasembo informed Principal Magistrate Hon. Leah Juma that his client had complained about being isolated from other detainees and accused the prison authorities of discrimination.
The defense attorney also informed the court that his client expressed fear of being "abducted." He requested an adjournment so he could advise his clients.
Senior Assistant DPP Peter Kiprop, Principal Prosecution Counsel Anthony Musyoka, and Senior Prosecution Counsel Peris Ongega, on the other hand, opposed the adjournment, dismissing Mackenzie's arguments as an attempt to postpone the proceedings.
The DPP team said that there is no harm in the court hearing their bond application in Mackenzie's absence, citing Article 50 of the Constitution, which allows for the trial of any accused in absentia under specific conditions.
The prosecution also claimed that Mackenzie is a convicted prisoner, so the law requires prison authorities to separate him from his co-accused, who are remandees. Hon. Juma also heard that Mackenzie has been radicalizing and inciting other accused prisoners to go on hunger strike, causing major security concerns.
In her decision, Hon. Juma called the officer in command of Shimo la Tewa Maximum Security Prison as well as the investigative officer to testify in court about the allegations mentioned. The court also ordered the probation department to create bail reports to assist it in considering the DPP's application to oppose the bond.
Hon. Juma further asked the National Counter Terrorism Center (NCTC) to compile psychosocial reports on each of the accused individuals. The court will issue further instructions on March 27, 2024, when the subject will be discussed.