By Kelly Were
In a legal setback for Paul Nthenge Mackenzie, the main suspect in the Shakahola massacre, a Tononoka court on Friday dismissed his attempt to have a psychologist’s expert report excluded from the prosecution’s evidence.
Principal Magistrate Nelly Chepchirchir ruled that the objections raised by Mackenzie and his 38 co-accused lacked merit. The contested report, prepared by clinical psychologist and play therapist Dr. Florence Mueni, assessed the emotional and psychological condition of several children rescued from the Shakahola forest.
Mackenzie, represented by lawyer Lawrence Obonyo, had argued that Dr. Mueni’s report should be struck out since she did not hold a valid license in 2023, as required under the Counselors and Psychologists Act of 2016, which mandates annual licensing of practitioners.
However, Senior Assistant Director of Public Prosecutions Jami Yami countered that the report was lawfully presented under Section 48 of the Evidence Act, which does not stipulate that expert witnesses must be licensed or gazetted. He further pointed out that the relevant licensing board had not been fully operational in 2023 and, therefore, had not licensed any psychologists in the country at the time.
The prosecution emphasized that transitional provisions in Section 46 of the act allowed practicing counselors to continue working until they were either licensed or denied registration.
Magistrate Chepchirchir sided with the prosecution, ruling that the expert report was admissible and could be used in the trial.
Mackenzie and 37 others face multiple charges, including child cruelty, torture, and denying children their right to education.
On the same day, two crime scene experts—Chief Inspector Kigen Sawe and Senior Sergeant Livingstone Lihanda—testified, presenting photographic and video evidence from the Shakahola site. Their visuals depicted chilling scenes of water pans, fasting huts, personal belongings, and makeshift shelters used by Mackenzie’s followers.
These officers from the DCI’s Forensic Crime Scene Investigation Unit are part of a larger group of 13 witnesses—among them teachers, counselors, and local administrators—who testified during the week.
The trial, prosecuted by Jami Yamina, Betty Rubia, Biasha Khalifa, and Eunice Odongo, will resume on May 28 through May 30.
