Shakahola massacre prime suspect Paul Nthenge Mackenzie Friday faced a setback after a court declined to expunge a counseling psychologist’s expert report from the prosecution’s evidence.
Tononoka Children’s law court Principal Magistrate Nelly Chepchirchir ruled that the application was not merited and dismissed Makenzie’s and his 38 co accused objections to the production of the counselling psychologist expert report.
The said report prepared and produced in court by Dr. Florence Mueni, a clinical psychologist and play therapist captured the emotional and psychological status of some of the children rescued from Shakahola.
Mackenzie through lawyer Lawrence Obonyo premised his application on provisions of the counselors and psychologists act of 2016 that required all counselors to be licensed annually.
He argued that Dr Mueni did not have such license in 2023 when she prepared the report and the same should be expunge from the prosecution evidence.
The prosecution team led by Senior Assistant DPP Jami Yami opposed the application stating that the expert witness report was produced under Section 48 of the evidence act which did not require licensing and gazettement of experts.
Jami further submitted that it was not Dr Mueni’s fault that in 2023 the psychologists and counselors licensing board was yet to properly operationalise and was yet to license any counselor in the country.
The prosecution team further argued that the transitional clauses under section 46 of the said act allowed counsellors previously in practice to continue to do so until they were licensed or applications denied .
In her ruling, Chepchirchir dismissed the application allowing admissibility of the counseling psychologist’s expert report as well be relied on by the expert witnesses in the trial of the case.
Mackenzie and his 37 co-accused are faced with cruelty torture and infringement to the right of education among other children related offences.
Meanwhile two crime scene investigators, Chief inspector Kigen Sawe and Senior Sergeant Livingstone Lihanda testified Friday, where they produced videos and photographs of the Shakahola massacre crime scene.
The two witnesses painted a vivid image of the scene of the massacre by sharing videos and images of water pans, fasting bays, makuti thatched structures, household goods and other personal effects of Mackenzie’s followers.
The two from the DCI’s Forensic Crime Scene Investigation Unit were among 13 witnesses including some teachers, counselors, crime and a local Chief who testified throughout the week.
The Shakahola children related case being prosecuted by Jami Yamina, Betty Rubia, Biasha Khalifa and Eunice Odongo has been adjourned to May 28- 30 for further hearing.
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