Court rejects Makenzi's bid for transfer from Shimo La Tewa Prison

Paul Makenzi claimed that he was being subjected to isolation, torture and inhumane treatment. [File, Standard]

Paul Makenzi will remain at Shimo la Tewa Prison under isolation after the High Court declined to order his transfer to another facility.

Justice Jairus Ngaah said that Makenzi had not met the threshold for transfer to another prison and dismissed his claim of isolation and torture at Shimo La Tewa Prison.

“Applicant (Makenzi) has not established the threshold for the grant of conservatory orders, and the prayers in the Notice of Motion dated September 22 2025 for an order restraining "isolation, torture or inhuman treatment" in the broad terms sought, and for the immediate transfer of the Applicant to another facility, are declined,” said Justice Ngaah.

Makenzi sued the in-charge of Shimo La Tewa Prison Abdiwilly Adan, claiming that he was being subjected to isolation, torture and inhumane treatment.

He also alleged an attempt on his life through poison in his food.

The judge said that public interest does not favour the grant of Makenzi’s prayers for transfer as the same would disrupt legitimate security arrangements and his proximity to the several courts where he is being tried.

He said there was no established justification under section 30 of the Persons Deprived of Liberty Act, which requires proof that Makenzi’s health, safety or well-being is in fact threatened.

“A broad order restraining "isolation" would, in practical effect, disable the statutory segregation of a high-risk terrorism detainee upon untested allegations,” said Justice Ngaah.

The judge pointed out that ‘The Mandela Rules’ contemplate segregation and restriction, prohibiting only prolonged or indefinite solitary confinement and confinement without meaningful human contact.

Makenzi had alleged that he found glass particles in food and was being denied sunlight and threatened to have his window sealed with iron sheets.

However, Adan stated that the controversial preacher’s isolation was as a result of security concerns in the prison after he was found with a mobile phone, instructed his co-accused to go into hunger strike in prison, an interception of scripts and police investigations.

Adan told the court that the food is prepared collectively and inspected, and no individualized food is delivered.

The In-charge said that Makenzi does not control any part of the kitchen and the cell is ventilated and lit, with access to open space.

He said the decision is founded on a documented risk assessment produced through the prison's Internal Security Information Reporting system and inter-agency co-operation with the Directorate of Criminal Investigations (DCI). 

“That assessment classifies the Applicant as a “high-risk offender” with a high risk of re-offending and of radicalising and recruiting others, and recommends that he be separated from others and monitored,” said Adan.

The in-charge said three SIM cards and two mobile handsets were recovered from Makenzi and a co-accused's cells during a search conducted under a court order and handed over to the DCI.

Adan said that Makenzi instructed his co-accused, both men and women, to observe an indefinite hunger strike and attempted to preach to co-accused persons while on the prison bus in transit to court.

He said the officers have intercepted written scripts channeled to him by co-accused persons bearing extreme messages for his interpretation. 

Adan also said DCI are conducting ongoing investigations into the mass deaths in the Shakahola and Binzaro area of Malindi Sub-County, in which Makenzi has been charged as the orchestrator.

The judge said there was no prima facie case of targeted ill-treatment, with a likelihood of success, established at this interlocutory stage to warrant orders of transfer.

“The Applicant is held in a suitable, well-ventilated cell with natural and artificial light, mattresses, blankets, clothing and sanitation, in an aerated area with open space for sunbathing and exercise, all food is inspected on delivery, prepared collectively for all inmates by vetted inmate cooks under officers' supervision, and that no special food leaves the kitchen for any individual inmate,” said Adan. 

He said it is not feasible for a prisoner to carry glass particles from the prison to court because all prisoners are searched on leaving the facility.

Adan said the controversial preacher’s allegations are fabricated and are, in truth, an attempt to secure preferential treatment and to intimidate officers from searching his cell. 

He argued that Makenzi’s transfer would be illogical because Shimo La Tewa is a designated facility for terrorism detainees and is proximate to the courts where he is being tried. 

The judge said that segregation lawfully imposed on a high-risk terrorism detainee, for the good order of the institution and the safety of other inmates and the public, is not, in itself, torture or cruel, inhuman or degrading treatment.

The judge said that Makenzi failed to establish the same through any medical report, photograph, occurrence-book entry, or independent material. 

Makenzi is facing a total of 203 murder charges at Shakahola and Kwa Binzaro. He is also facing 124 manslaughter charges in the same places.

He is answering to 13 counts of terrorism and radicalisation, child cruelty, torture and 23 counts of crimes against humanity brought under the International Crimes Act.