By Andrew Kariuki
The prosecution has cross-examined seven defence witnesses in the ongoing Shakahola child rights case involving Paul Nthenge Mackenzie and 39 co-accused persons before Principal Magistrate Nelly Chepchirchir at the Tononoka Law Courts in Mombasa.
The 36 accused persons currently on their defence face various charges linked to alleged violations of children’s rights.
One of the witnesses, 44-year-old Agness Jumba, told the court that she is the mother of four children, including a protected witness identified as C.A.A. During questioning, she said she first learned about George Mwaura through Times TV, which she associated with Paul Mackenzie, before obtaining his contact information.
Jumba testified that Mwaura, whom she described as a pastor in Makongeni, later invited her to his residence in Kasarani. She told the court that access to education in Shakahola was difficult, claiming the nearest school was about 21 kilometres away. She acknowledged that C.A.A. had previously attended Kawangware Primary School while the family lived in Nairobi but stopped schooling at the age of 16. Jumba admitted she was aware there were no schools available when the child later joined her in Shakahola and agreed that parents have a duty to ensure their children receive an education.
The court also heard from Lucas Owino, 41, who declined to take an oath using the Bible, identifying himself as a “Mteule” or chosen one. Owino said he previously lived in Korogocho’s Kisumu Ndogo area and had no spouse or children.
While being cross-examined, he maintained that his religious beliefs prevented him from swearing on the Bible. He confirmed participating in fasting while living in Shakahola and stated that he resided in both Samaria and Isikari villages. Owino further testified that he had seen Mackenzie living in Galilaya village and observed children residing in the area. According to him, Mackenzie discouraged interactions among residents, warning that some individuals practiced witchcraft.
Another witness, Alice Kawira, told the court she had two children, including a protected witness identified as J.C.K. and another child, A.K., who is now deceased. She recounted that A.K. passed away after the family returned from Bamburi, where the child had been receiving treatment for injuries.
Kawira also testified that she withdrew J.C.K. from school during the COVID-19 period and the child never resumed classes. She said she was unable to enrol the child in any school while living in Shakahola because there were no educational facilities nearby.
Stephen Sanga, aged 37, informed the court that his 13-year-old child had never lived in Shakahola. He said he resided in Bethelehemu village and served as a volunteer guard at a local dam. Sanga admitted taking part in disciplining a child identified as A.B., claiming the child had been accused of stealing food belonging to one of the accused persons. He stated that the punishment was carried out at the request of the child’s mother.
The court also received testimony from Catherine Wanjiru, who said her child G.N. last attended school in 2018 while preparing to join Class Four. She told the court that she had asked another person, identified as Evans, to discipline the child because she felt unable to do so herself.
Gilbert Kea, 45, from Malindi, testified that one of his three children, J.N.K., left school in 2018 while in Class Four. He stated that the decision was influenced by religious beliefs he had adopted at the time, which led him to favour what he described as spiritual learning over formal education.
The final witness to testify was Fridah Mwasambu Katana, the 39th accused person.
The prosecution team was led by Deputy Directors of Public Prosecutions Joseph Kimanthi and Jami Yamina, assisted by Principal Prosecution Counsels Victor Owiti, Betty Rubia and Eunice Odongo, alongside Prosecution Counsel Biasha Khalifa.
