Testimonies from previous court case adopted in Kwa Binzaro terrorism trial

Testimonies from previous court case adopted in Kwa Binzaro terrorism trial

The Office of the Director of Public Prosecutions (ODPP) officially commenced the terrorism trial for the Kwa Binzaro case involving Paul Nthenge Mackenzie and seven co-accused charged with masterminding 52 deaths linked to extremist religious practices at the Kwa Binzaro area, Kilifi County.

While making the opening statement, Deputy Director of Public Prosecutions Jami Yamina told the court that in support of the prosecution case, the prosecution wishes to call 60 witnesses, but in the course of the trial, they may review the number of witnesses downward.

According to the prosecution, four of the witnesses are protected witnesses who are expected to give their first account of what transpired at the primary Kwa Binzaro crime scene.

The prosecution will also avail the testimony of relatives of several people who are missing and believed to be dead.
The prosecution will also present expert witnesses, first responders, neighbours, landlords, transporters, and forensic physiologists.

The prosecution made the application for the adoption of testimonies of 18 prosecution witnesses who had previously testified before the High Court in Criminal Case No. E006 of 2026, involving the same accused persons.

The application was made pursuant to Section 34 of the Evidence Act.

The prosecution submitted that the witnesses had previously testified under oath, were examined and cross-examined by the defence before the High Court and were subsequently recalled to the Kwa Binzaro and Malindi crime scenes visit.

Jami stated that these witnesses are incapable of giving evidence unless testimonies are taken at the scene of crime.

The prosecution sought the adoption of the witnesses’ testimonies together with the corresponding exhibits, crime scene notes, inventory records, and related documentary evidence from the High Court proceedings.

The Senior Principal Magistrate Hon. Mwanamkuu Sudi allowed the application and directed that the adopted testimonies, exhibits, and accompanying documentary material form part of the record before the Shanzu Law Courts.

The court thereafter heard the testimony of Chief Inspector Timothy Bett, a crime scene officer with nine years’ experience, who led a team of forensic experts in documenting the Kwa Binzaro crime scene pursuant to court orders.

The witness produced the crime scene documentation and exhibits before the court, including video evidence previously produced before the High Court.

He testified that the Kwa Binzaro crime scene is approximately 62 kilometers from Malindi and that investigators discovered multiple graves concealed within dense bushes in an apparent attempt to hide them from detection.
The bodies were also buried about 500 meters from homesteads.

The witness told the court how they recovered 19 intact graves and five disturbed graves, with human remains scattered around them. Some graves were said to have been disturbed by wild animals due to their shallow nature.

He noted that some bodies were buried as shallow as 2 feet or less, with most of them buried without clothing.

Mackenzie and seven others are charged with engaging in organized criminal activities. In second and third counts, six of the accused persons are facing charges of radicalization.

Two of the accused persons also face the offence of the commission of terrorist acts and possession of an article connected with an offence under the Prevention of Terrorism Act (POTA).

Prosecution is led by the Deputy Directors of Public Prosecutions Joseph Kimanthi and Jami Yamina; Principal Prosecution Counsels Victor Owiti, Ms. Betty Rubia and Frank Sirima and Prosecution Counsel Ms. Nancy Cherop.