Shakahola massacre prime suspect Paul Nthenge Mackenzie has suffered a major legal blow after a court declined to strike out an expert report prepared by a counselling psychologist, marking a significant win for the prosecution.
Mackenzie, through his defence counsel, had challenged the admissibility of the report by Dr. Florence Mueni, arguing that she lacked a valid counselling licence at the time it was prepared in 2023. However, Tononoka Children’s Court Principal Magistrate Nelly Chepchirchir dismissed the application, saying it lacked merit.
The report, which details the emotional and psychological trauma experienced by children rescued from the Shakahola forest, will remain part of the prosecution’s evidence.
Mueni, a clinical psychologist and play therapist, documented the psychological state of the children rescued from the cult-like setting where Mackenzie and 37 others allegedly operated.
The defence based its objection on the Counsellors and Psychologists Act, 2016, claiming the absence of a valid licence rendered her findings inadmissible.
However, Senior Assistant Director of Public Prosecutions Jami Yamina countered that Section 48 of the Evidence Act permits expert opinions even without a licence, especially in circumstances where formal licensing frameworks are not fully operational.
Yamina further cited transitional provisions under the law that allowed practising professionals like Mueni to continue offering services until the licensing board became fully functional.
In her ruling, Magistrate Chepchirchir upheld the admissibility of Mueni’s report, emphasizing the importance of the expert’s observations in understanding the extent of psychological harm endured by the victims.
During her testimony, Dr. Mueni described the severe mental and emotional toll on the child survivors, noting their exposure to starvation, isolation, indoctrination, and death.
Mackenzie and his co-accused face multiple charges including child cruelty, torture, and violations of children’s rights, including the right to education.
Meanwhile, the court also heard testimony from two officers attached to the DCI’s Forensic Crime Scene Investigation Unit. Chief Inspector Kigen Sawe and Senior Sergeant Livingstone Lihanda presented graphic video and photographic evidence of the Shakahola crime scene, including makeshift huts, fasting areas, water points, and personal belongings of Mackenzie’s followers.
The case is set to resume from May 28 to May 30 for further hearing.
