After media frenzy over cult deaths, can Pastor Mackenzie get fair trial?
Collins Dictionary defines frenzy as “great excitement or wild behaviour that often results from losing control of your feelings.”
Cambridge Dictionary defines frenzy as “uncontrolled and excited behaviour or emotion that is sometimes violent.” But media frenzy is defined simply as “intense media coverage of a story of great interest to the public.”
However, the media frenzy may also involve feelings and uncontrolled emotions, although professional journalists try to be as objective as possible. The sustained and, at times, emotive coverage of the horrifying Shakahola cult deaths can rightly be described as a media frenzy.
Nevertheless, objective reporting requires journalists to be careful how they present a story to their readers and viewers, even when it is an emotional one. They should qualify declarative statements where there is no conclusive evidence that the statements are true. The Nation, on the whole, did this in its news reports.
The following is a qualified statement: “Many of the victims are believed to have been members of a church led by Paul Mackenzie, who is being investigated on allegations that he directed his congregants to starve themselves to death.”
The italicised words reflect the journalist’s attempt to avoid making a declarative statement when there is no evidence as to the truthfulness of the statement.
If you remove the qualifiers, the sentence will read: “Many of the victims have been members of a church led by Mackenzie, who directed his congregants to starve themselves to death.” This, then, becomes a statement of fact.
Word headlines with care
Journalists should also word headlines with care. The headline “Pastor at centre of inquiry after dozens of bodies are exhumed” is more objective than “Pastor incriminated after dozens of bodies are exhumed”. Equally, “Pastor encouraged starving deaths, police say”, is more neutral than “Pastor encouraged starving deaths”.
But even when journalists are careful and qualify declarative statements, unsubstantiated statements can still go through. Example: “‘Mr Mackenzie, who acts as a pastor, is, in fact, a terrible criminal. Terrorists use religion to advance their heinous acts. People like Mackenzie are using religion to do exactly the same thing,’ the Head of State said, adding that the cult leader and others like him should be in jail.”
The publication of the statement is permissible as it carries the opinion of the maker of the statement. In fact, Nation opinion writers said Mackenzie was as guilty as hell, and that probably did fall within their remit. In his article, “The devil hiding in the Church” (Sunday Nation, April 30, 2023), Prof Makau Mutua talks of “Mr Mackenzie’s killing fields” and “a thriving killing machine” and describes Mackenzie as “a rotten apple” and “a sick and demented monster”.
Irungu Kang’ata, in his article “Mackenzie saga and philosophy of law” (Sunday Nation, April 30, 2023), says: “Barring possibilities of corruption, what can make a judge or magistrate set free a person like Mackenzie or other seemingly immoral characters in the ‘public eye’? .... Why is it that some judges and magistrates render judgments that are at variance with public mood? .... Therefore, to boost the chances of his conviction, Kenyans should pray and hope ‘Pastor’ Mackenzie is arraigned before a natural law-oriented court.”
This kind of media coverage takes away the presumption of innocence and the right to a fair trial as provided for in the Constitution. We call it trial by the media or public lynching. The media has already portrayed the pastor as guilty. The negative effects will be with him for the rest of his life even if he is acquitted by the courts.
Perhaps there is hope, though, that he might still get a fair trial. In my article, “‘Beast of Forest Road’ epithet is bad for the presumption of innocence” (Daily Nation, March 18, 2022), I stated that the courts in Kenya deny that pretrial media publicity can influence them.
The Court of Appeal, in the 2019 case of Philomena Mbete Mwilu v Director of Public Prosecutions & 3 Others, said: “In a criminal justice system such as ours in which the trial is conducted by a judicial officer as opposed to trial by jury, pre-trial media publicity or any media publicity cannot influence the mind of the trial court which is manned by a competent and independent judicial officer.”
Not all judges, however, agree with that. But let’s hope Mackenzie will get a fair trial despite the adverse media frenzy.
‘Fishy money trail’ a terrific story
“Fishy money trail in Sh10bn Ruto fertiliser deal triggers probe” by Nation Team (Daily Nation, April 14, 2023) was a terrific story. I was very impressed.
— Karen Rothmyer, former Public Editor for ‘The Star’.
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Readers happy Prof Scot still writing
In his article “What I’ve learned about Kenyans in last (sic) 10 years (Business Daily, April 5, 2023, Prof Bellow Scott said,”Today represents a profound milestone for me as a writer. It marks my 500th ‘Business Talk’ article culminating in finishing my tenth year writing in the Business Daily newspaper.” But I note he is still writing. Readers can only be happy about that.
Secondly, Gerry Loughran, in his article “Britain prepares for its biggest national celebration in 70 years” (Daily Nation, April 30, 2023), referred to the British monarch as “Queen Elisabeth II”. The proper spelling of her name is “Elizabeth”.
— Githuku Mungai
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Popeye cartoon advocates lesbianism
I am bringing to your attention the publication of the “Popeye” cartoon by Randy Milholland published in the Sunday Nation of April 16, 2023, which contained a character who openly professes lesbianism. It could be an editorial lapse.
And since I follow the toons, I know you’re relaunching the strip with a new set of characters who possibly need to be introduced to the readership. And unlike the previous run, the new Popeye is much more sophisticated and appears aimed at adults with its nuanced humour. It requires one to have an understanding of the earlier protagonists.
That said, we can only wait to see the character interplay, in future issues, around this professedly gay lady, because I think she ‘came out’ for a reason. I sincerely hope she’ll not leave reader and publisher embarrassed.
— Francis Kariuki Kamau
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Naming men but not women suspects
I refer to “What it means when we say person ‘cannot be named for legal reasons’” (Daily Nation, April 21, 2023). On sexual offences, male suspects are usually named more often than women. Why? They are innocent until proved guilty.
— Prof X. N. Iraki, University of Nairobi BY DAILY NATION
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