Shakahola case: Court rules Mackenzie, 30 others have case to answer

Pastor Paul Mackenzie/DPP

The High Court in Mombasa has ruled that Pastor Paul Mackenzie and 30 co-accused have a case to answer in the Shakahola mass killing trial.

According to a statement from the DPP, the court, in a ruling delivered by Justice Diana Kavedza, found that a prima facie case had been established against all the accused persons facing 191 counts of murder charges.

The decision places the accused on their defence under Section 203 read with Section 204 of the Penal Code.

The DPP said the prosecution presented extensive evidence supporting its case, including testimony from 121 witnesses in total.

The prosecution called 121 witnesses in support of its case, including survivors, expert witnesses, and investigating officers, and presented exhibits that included postmortem reports and government analyst findings, among others, the statement said further said.

In the ruling as captured by the prosecution, Justice Kavedza observed that it was not disputed that bodies, including those of children, were exhumed from the Shakahola forest area.

Some of the remains, the judge said, were identified and released to families for burial.

The DPP further noted that several relatives of the victims testified in court, confirming the deaths of their children as reported.

Additionally, some witnesses placed a number of the accused persons at or near the scene, describing them as having played various roles within the settlement, including village elders, guards, grave diggers and cooks.

The DPP said that the totality of the evidence placed before the court establishes a prima facie case requiring the accused persons to be put on their defence, citing the court’s findings.

The prosecution team in the matter is led by Deputy Director of Public Prosecutions Joseph Kimanthi, alongside Assistant Director of Public Prosecutions Ngina Mutua, Principal Prosecution Counsels Victor Owiti, Betty Rubia and Alex Ndiema, and Prosecution Counsel Yassir Mohamed.

The DPP also confirmed that the defence has indicated it will give sworn testimony and call 12 witnesses, six of whom are expected to be expert witnesses, while the rest will be among the accused persons.

Pastor Mackenzie, also known as Mtumishi and Nabii, had initially been charged alongside 31 others.

The accused persons had denied any wrongdoing.

However, one of the accused persons pleaded guilty and is currently awaiting sentencing. The ruling therefore applies to the remaining 30 accused persons.

The DPP described the ruling as a major step in the prosecution of the case, which arises from deaths linked to activities at the Shakahola forest settlement in Kilifi County.

Proceedings will now move to the defence hearing stage, where the accused will have the opportunity to respond to the charges.