The defence hearing in the ongoing case of Republic v Paul Nthenge Mackenzie and 39 others concluded on Tuesday before Principal Magistrate Nelly Chepchirchir at the Tononoka Law Courts, with a total of 14 defence witnesses having testified.
The 36 accused persons, who are on their defence, are facing various charges relating to offences against children, allegedly leading to the infringement and violation of children’s rights.
Among those who testified was the 35th accused person, Dennis Adundo, who told the court that he had two children and had travelled to Shakahola with two of his sister’s children. He stated that he lived in Bethlehem Village while in Shakahola, where he stayed with E.W.O.
Adundo testified that he had taken custody of the child from the mother at around eight years old and had earlier enrolled him at Inavi Primary School.
He further told the court that he later relocated to Shakahola in search of land and remained there for one year before his arrest. During cross-examination, he admitted that there was no school in Shakahola and acknowledged that the child did not attend school during their stay, despite being moved from an area where schooling was available.
The court also heard testimony from Anne Anyoso Aluke, 50, who said she moved to Shakahola in 2021 with her husband, Enos Amanya. She told the court that she had seven children, six of whom died while they were in Shakahola.
Another witness, 38-year-old Swaleh Baya, testified that he moved to Shakahola on 15 March 2023 for farming purposes and was arrested a month later. He stated that he had purchased land in the area from a man identified as Timothy, whom he said he had seen on Times TV.
Other witnesses included 30-year-old Stephen Ngugi and counselling psychologist Philip Kaume Mutua. Mutua produced a document on child development stages and told the court that both children and adults are capable of telling the truth or lying.
He further emphasized that parents and guardians have a fundamental responsibility to provide children with education and food, including ensuring school attendance.
The court was informed that the defence hearing has now concluded after 14 witnesses testified, as proceedings in the matter continue.
