Pastor Paul Mackenzie through his lawyer Elisha Komora says his client has been sleeping on the floor and this is affecting his health.
Elisha says Mackenzie's lungs and those of his co-accused have already wet due to sleeping on the cold floor.
The lawyers informed the court that their clients were being forced to sleep on the bare floor and were afraid that they may end up contracting pneumonia due to the cold weather.
"My clients have been sleeping on bare cement floors, their lungs are already wet and they have told us that they have pains in the ribs. Chances are they have already contracted pneumonia and they will die before the commencement of the matter," Kariuki said.
Mackenzie had earlier complained about being beaten and being denied food by police officers.
Through his legal counsels Elisha Komora and George Kariuki dismissed the averments by the State that the accused persons “are being well taken care of in the police cells”.
"The assertions by the State that the suspects should continue being held to be nourished, are misleading. This morning, all the respondents did not have breakfast. The respondents were denied food for two days since they left the court on May 2," said Komora.
" Three respondents were also battered in a police cell. For the State to say that they (accused persons) are having a good time in police custody is misleading".
Komora also said Mackenzie’s wife, who was arrested with their two-and-half-year-old daughter, has been forced to buy food and water for the minor.
“The 18th respondent (Mackenzie’s wife) was arrested with her minor of two and half years. She has been forced to buy food and water for her child. The State has failed to provide,” he said.
During the court lunch break, Mackenzie also confirmed to journalists in court that they are being denied food and some were beaten.
“It is true, we are being denied food. Some of us were also beaten,” he said.
During his submission, Kairuki said they are representing the 18 accused persons on a pro bono basis because they are interested in knowing the truth about Shakahola.