The Court of Appeal has granted the Director of Public Prosecutions (ODPP) permission to proceed with 191 counts of murder against controversial preacher Paul Mackenzie and his 30 co-accused individuals. This ruling contradicts an earlier decision made by the High Court, which had instructed the prosecution to limit the charges to no more than 12 counts.
The ruling, delivered by the appellate bench in Malindi, saw the Court of Appeal set aside the High Court’s directive issued in May 2024, which had been led by Lady Justice Mugure Thande. The appellate judges, Justice Kibaya Imaana Laibuta, Lady Justice G.W. Ngenye, and Justice Weldon Korir, noted that the law does not place any restriction on the number of charges that can be brought against an individual. They emphasized that the 191 charges stemmed from the same set of facts and the same transaction, aligning with Section 135 of the Criminal Procedure Code (CPC), which allows for the joinder of counts in such cases.
In the judgment, the Court of Appeal further highlighted the significant public interest in the case and suggested that the Chief Justice, Martha Koome, should appoint a High Court judge to hear the matter on a daily basis. This recommendation was made to ensure the swift resolution of the case. The ODPP welcomed the decision as a victory, affirming that it reinforces the principle that prosecutorial discretion should be exercised in accordance with the law and the pursuit of justice.
The 191 murder charges are related to the deaths of individuals between January 2021 and September 2023 in the Shakahola area, located in Malindi Sub-County, Kilifi County. Among the victims, 11 are identified children, while the others are categorized as unknown male and female children, with some having an unascertained gender. The case has captured widespread attention, not only due to the nature of the crimes but also because of Mackenzie’s position as a pastor and the involvement of other individuals in the killings.
The case involves serious allegations, with the prosecution accusing Mackenzie and his co-accused of orchestrating the murders as part of a religiously motivated scheme. The victims are believed to have been killed through a combination of starvation and other methods, allegedly encouraged by Mackenzie’s teachings.
The prosecution team, led by Peter Kiprop, Jamii Yamina, Ngina Mutua, Victor Owiti, Mwangi, and Betty Rubia, has been resolute in pursuing justice for the victims. The ruling by the Court of Appeal paves the way for the continuation of the legal process, providing a foundation for a fair trial while upholding the rights of the accused.
This case has ignited heated debates around the role of religious leaders and the extent of their influence, especially when their actions result in harm. Public opinion has been divided, with many questioning how such a tragedy could unfold under the guise of religious guidance. As the legal process continues, the focus will shift to the trial, where evidence will be presented, and the accused will have the opportunity to defend themselves.
The Court of Appeal’s decision marks a pivotal moment in the ongoing legal proceedings, allowing for the full extent of the charges to be brought against Paul Mackenzie and his co-accused, with hopes for justice to be served in a case that has gripped the nation.
