Ezekiel and Makenzi now face genocide and terror related charges

Paul Makenzi, who is linked to the Shakahola massacre, on Tuesday enjoyed minutes of freedom after the Director of Public Prosecutions withdrew charges at a Malindi court.

In another court in Shanzu, Ezekiel Odero of the New Life Prayer Centre and Church won the first round of legal battle against the state after the court granted police only two days to detain him for interrogation.

Makenzi, who was arraigned alongside six others, was not charged after the DPP told the Malindi Principal Magistrate Ivy Wasike that they planned to charge them with terrorism-related offences in Mombasa. They were rearrested minutes after they were set free.

Inside the courtroom, Makenzi exchanged pleasantries with the co-accused, laughed or giggled.

A few metres from the court, autopsy reports revealed that most children were suffocated, struggled, or were hit by a blunt object.

The suspects were later driven to Mombasa and arraigned at the highly fortified counter-terrorism court in Shanzu.

The court will rule on Friday where it will hold them for 30 days pending investigations.

Meanwhile, the Mombasa Senior Principal Magistrate Joel Omido ordered the detectives to detain Odero until tomorrow, arguing the police have already had five days to interrogate him. Police had applied to detain him for 30 days, saying he was linked to the Shakahola mass graves.

He was detained at the Port Police Station. "This matter shall be mentioned on May 4 this year at 9am for the statute to appraise the court on the status of this investigation and for further orders," said the magistrate.

The State argued there was a possibility Odero had a connection to Makenzi and the deaths of over 100 people at his church in Mavueni were buried at Shakahola in Malindi.

He said since more bodies were still being exhumed on Makenzi's 800-acre land, the investigators needed more time. The magistrate concurred with the prosecution Odero could interfere with the witnesses if released.

"It goes without saying that as a preacher and admittedly the strength behind New Life Prayer Centre, Pastor Odero wields immense influence over his followers. This perhaps is best portrayed by mammoth attendance that he attracts in the church services events that he holds as has been seen in the past from media," said Omido.

The state said he might face more criminal charges which include murder, aiding suicide, genocide and cruelty to children.

"We believe on the ground potential witnesses are yet to be reached to record statements and that is why the pastor should be detained as he can interfere with witnesses," said state lawyer Alexander Jamii.

But Odero's lawyer opposed the application, arguing his clients had no link with the bodies being exhumed in Shakahola.

"You cannot blame a pastor for the death of church goer if the family themselves take very sick people to the church, which is always the last resort. He may or may not survive when the family goes to seek spiritual intervention" argued the lawyer.

But the State told the court that Odero and Makenzi share a common history of business investments particularly Times TV station.

"In respect of the investigation against Paul Makenzi, there are allegations under probe that followers would dispose of all their earthly possessions and surrender the proceeds to him as part of the preparation to meet their maker," said Jamii.

[Wills Oketch, Nehemiah Okwemba and Joackim Bwana]