His
lawyer, Wycliffe Makasembo's, frantic plea to persuade him to appear in court proved futile.
The
hearing was for a bond application filed by the prosecution to oppose the
release of the 95 suspects.
Makasembo
told Principal Magistrate Hon. Leah Juma that his client had complained of
being separated from other suspects, accusing the prison's authority of
discrimination.
The
defense lawyer also informed the court that his client raised fear of being
"abducted."
He sought an adjournment for him to advise his
clients.
However,
Senior Assistant DPP Peter Kiprop, Principal Prosecution Counsel Anthony
Musyoka, and Senior Prosecution Counsel Peris Ongega opposed the adjournment,
dismissing Mackenzie’s claims as theatrics to delay the proceedings.
The
DPP team stated that there is no harm if the court hears their bond application
in Mackenzie’s absence, stating that Article 50 of the Constitution allows the trial of any accused in absentia in certain circumstances.
The
prosecution further submitted that Mackenzie is a convicted prisoner; hence,
the law requires prison authority to separate him from his co-accused, who are
remandees.
Hon.
Juma also heard that Mackenzie has been radicalizing and encouraging other
accused persons to stage a hunger strike, hence raising serious security
concerns.
In
her ruling, Hon. Juma summoned the officer in charge of Shimo la Tewa Maximum
Security Prison and the investigating officer to appear and shed light on issues
raised in court.
The
court also directed the probation department to prepare bail reports to guide
it in determining the DPP's application to oppose the bond.
Hon. Juma further directed the National
Counter Terrorism Center (NCTC) to prepare psychosocial reports on each of the
accused persons.
The court will give further direction on 27 March 2024 when the matter will be mentioned.
The
Kenyan DAILY POST.
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