DPP Allowed To Hit Paul Mackenzie With 191 Murder Charges

The Court of Appeal in Malindi has given the Director of Public Prosecutions (DPP) the go-ahead to pursue 191 counts of murder against controversial preacher Paul Mackenzie and 30 co-accused individuals linked to the Shakahola massacre between January 2021 and September 2023.

In a ruling delivered on Friday, April 11, Justices Kibaya Imaana Laibuta, G.W. Ngenye, and Weldon Korir overturned an earlier High Court decision by Lady Justice Mugure Thande, which had ordered the DPP to reduce the murder charges to a maximum of 12.

The appellate court ruled that Kenyan law places no cap on the number of charges that can be brought against an accused, provided they stem from the same series of acts. Citing Section 135 of the Criminal Procedure Code (CPC), the judges affirmed the legality of combining all 191 charges into a single case.

Highlighting the overwhelming public interest and gravity of the matter, the court urged Chief Justice Martha Koome to appoint a High Court judge to preside over the trial daily to ensure swift justice.

"The court further noted the overwhelming public interest in the matter and recommended that Chief Justice Martha Koome appoint a High Court judge to hear the case on a day-to-day basis to ensure the expeditious determination of the case," a statement by the ODPP read in part.

The ruling marks a major victory for the Office of the DPP, reaffirming that prosecutorial discretion must align with both legal standards and the public interest.

The prosecution team—comprising Peter Kiprop, Jamii Yamina, Ngina Mutua, Victor Owiti, Mwangi, and Betty Rubia—is set to proceed with the case.

Mackenzie and his co-accused are alleged to have orchestrated the deaths of 191 individuals between January 2021 and September 2023 in Shakahola, Kilifi County. The victims include:

• 11 identified children

• 82 unidentified male children

• 72 unidentified female children

• 26 children of unknown gender

The accused are said to have committed the killings as part of a deadly cultic doctrine that shocked the nation and sparked international outcry.

On January 16, 2024, DPP had approved 10 charges against 95 suspects linked to the death of 429 people in the Shakahola Massacre, including Mackenzie.

DPP Renson Mulele Ingonga revealed that he was satisfied that there is sufficient evidence to prosecute the 95 suspects linked to the heinous crime that targeted people believed to be members of the Good News International Church. The charges included murder, radicalization, child torture, manslaughter and cruelty.

The DPP classified the charges under the following; Offences under the Penal Code Cap 63, Offences under the Children Act, of 2001; the Prevention of Torture Act, of 2017 and the Basic Education Act, of 2013 and  Offences under the Prevention of Terrorism Act, 2012 and the Prevention of Organized Crimes Act, 2010.