Mombasa — The Shanzu Magistrate Court on Thursday declined to grant an order preventing the Senate Ad Hoc Committee from investigating the activities of cult leader Paul Mackenzie.
Last week, the Danson Mungatana-led committee on Proliferation of Religious Organizations summoned Mackenzie to appear before the committee on Tuesday this week.
The Senate committee, established in May, was given a 90-day mandate to investigate the circumstances surrounding the deaths of the over 429 faithful of the Good News International, linked to Pastor Mackenzie.
However, Mackenzie failed to honour the summon.
On Thursday, Mackenzie's lawyer, Wycliff Makasembo, requested Shanzu Senior Principal Magistrate Yusuf Shikanda to stop Senators from questioning his client.
He argued that the Senate's summonses would constitute self-incrimination.
He further said his client should not be subject to parallel hearings by the Senate and Court.
"One must be dropped, either the one before Shikanda (Court) or the one before the Senate. Then again, we ask, does the Senate have the power to investigate murder charges in Kenya?" he said.
However, Shanzu Senior Principal Magistrate Shikanda declined to issue any directives, saying he lacked the authority to comment on the Senate's proceedings or offer directions related to their activities.
"It is not within my jurisdiction to interfere with the Senate committee's work, as it was an independent institution," he said.
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He indicated that if Mackenzie and the co-accused believed they were being treated unfairly or that their rights were being violated, they should seek recourse through the appropriate channels- the High Court.
Shikanda said the Magistrate Court could not dictate to the Senate what it should or should not do.
"If there is a conflict in the functions of two independent constitutional bodies, then there is a right forum for resolving that conflict. But it's definitely not this court and not in these proceedings," he said.
Mackenzie and his co-accused face serious charges related to the deaths of the individuals, whose bodies were discovered in the Shakahola forest.
These charges include terrorism, murder, counselling and aiding suicide, abduction, radicalization, genocide, crimes against humanity, child cruelty, fraud, and money laundering.
However, they have yet to face formal charges in court.
The matter will continue on November 9.
