Paul Mackenzie, the prime suspect in the Shakahola massacre case, has suffered a significant setback after a court ruled against his attempt to exclude a key expert report from the prosecution’s evidence. The Tononoka Children’s Law Court, presided over by Principal Magistrate Nelly Chepchirchir, dismissed Mackenzie’s and his 38 co-accused’s objections to the inclusion of a counseling psychologist’s expert report that captures the emotional and psychological state of some of the children rescued from Shakahola.
The report, prepared by Dr. Florence Mueni, a clinical psychologist and play therapist, was central to the prosecution’s case, offering crucial insight into the trauma experienced by the children involved. Mackenzie, through his lawyer, argued that the report should be expunged on the grounds that Dr. Mueni did not hold a valid annual license in 2023, as required under the Counselors and Psychologists Act of 2016. He claimed this legal technicality rendered the report inadmissible as evidence.
However, the prosecution strongly opposed this application. They pointed to Section 48 of the Evidence Act, which does not require experts to be licensed or gazetted in order for their reports to be admissible in court. Additionally, the prosecution argued that the licensing board for psychologists and counselors had not been fully operational in 2023, and no licenses were issued that year, making it unfair to penalize Dr. Mueni for the lack of formal licensing.
Further support for the admissibility of the report was drawn from transitional provisions under Section 46 of the Counselors and Psychologists Act, which allowed practitioners already in practice prior to the licensing regime’s full implementation to continue working while their licenses were pending. These arguments persuaded the magistrate to dismiss the application, allowing the expert report to stand as part of the prosecution’s evidence and to be relied upon by the expert witnesses throughout the trial.
Mackenzie and his co-accused face serious charges including cruelty, torture, and violations of the children’s right to education, among other offenses related to the massacre. The psychological and emotional effects on the survivors, as documented in Dr. Mueni’s report, are critical to establishing the gravity of the crimes alleged.
In addition to the psychological evidence, forensic testimony also featured prominently in court proceedings. Two crime scene investigators from the Directorate of Criminal Investigations (DCI), Chief Inspector Kigen Sawe and Senior Sergeant Livingstone Lihanda, presented detailed accounts of the massacre site. They produced videos and photographs depicting the conditions at Shakahola, including water pans, fasting bays, traditional makuti-thatched structures, household items, and personal effects belonging to Mackenzie’s followers.
The vivid descriptions and visual evidence helped paint a stark image of the environment in which the tragedy occurred. The investigators were part of a broader group of 13 witnesses who have testified during the week, including teachers, counselors, other crime investigators, and a local chief. Their combined testimonies have provided the court with a comprehensive understanding of the context, impact, and nature of the Shakahola massacre.
The prosecution team handling the case comprises Senior Assistant Director of Public Prosecutions (DPP) Jami Yami alongside colleagues Betty Rubia, Biasha Khalifa, and Eunice Odongo. The case remains ongoing, with the court adjourning the hearing to May 28-30 for further proceedings.
This ruling marks a critical moment in the case, ensuring that expert evidence crucial to understanding the psychological trauma experienced by the child survivors remains part of the trial. It also reinforces the court’s position that technicalities surrounding licensing should not hinder the pursuit of justice, especially in cases involving vulnerable victims and serious human rights violations.
