DPP Haji Counters CJ Koome On Pastor Mackenzie's Cases

Director of Public Prosecution (DPP) Noordin Haji on Friday, April 28 contradicted Chief Justice (CJ) Martha Koome's statement regarding Pastor Paul Mackenzie entering a plea bargain with his office.

In a statement, the DPP denied claims by Koome, who serves as the chairperson of the Judiciary Service Commission (JSC), that the plea agreement was reached with the Office of the Directorate of Prosecutions (ODPP) to facilitate Pastor Mackenzie's release in 2017.

The ODPP made reference to the Judiciary's statement which indicated that Mackenzie and his two co-accused were jointly charged with the offence of offering Basic Education in an unregistered institution contrary to Section 76(1) (2) and Section 92(a) of the Basic Education Act. 

Pastor Paul Mackenzie Nthenge accompanied by some of his followers during a court appearance in Malindi on April 17, 2023. /AP

"Reference is made to the press statement issued by the Directorate of Public Affairs and Communication of the Judiciary on 27th April 2023. The Office of the Director of Public Prosecutions wishes to clarify that the Office DID NOT enter into a Plea Agreement with Paul Thenge Makenzi and that the accused was placed on his defence and subsequently acquitted pursuant to Section 215 of the Criminal Procedure Code and NOT Section 210, in the Malindi Criminal Case No. 790 of 2017," stated the DPP in part.

Makenzi, along with two teachers from the Good News International Ministries, was discharged by the trial court after he was fined a sum of Ksh20,000, sparing him from being hit with the maximum penalty of 10 times that amount, or a 12-month jail term.

"On the 15th of March, 2017, Paul Thenge Makenzi, Winnie Alexander Gandi and Betty Mwaka were charged jointly with the offence of offering Basic Education in an unregistered institution contrary to Section 76 (1)(2) as read with 92 (a) of the Basic Education Act No. 14 of 2013, vide Criminal Case 182 of 2017.

"Paul Thenge Makenzi pleaded guilty to the offence of offering Basic Education in an unregistered institution contrary to Section 76 (1)(2) as read with 92 (a) of the Basic Education Act No. 14 of 2013 which attracts a maximum penalty of Ksh200,000 or a term of imprisonment not exceeding 12 months, or both. The accused was fined Ksh20,000 and paid vide receipt no. 3500206 dated 23rd March 2017," added the statement.

The two teachers, Winnie Alexander Gandi and Betty Mwaka were charged with the offence of practising as a teacher without a certificate of registration. However, they pleaded not guilty and the matter was set down for hearing.

In addition, the duo on December 13, 2018, pleaded guilty following a Plea Agreement premised on the condition that they would be of good behaviour.

"The ODPP further wishes to clarify that in Malindi Criminal Case No. 790, where Paul Nthenge Makenzi was charged with the offence of radicalization contrary to Section 12D of the Prevention of Terrorism Act No. 30 of 2012 Revised Edition 2015 amongst others, the accused person was acquitted under Section 215 of the Criminal Procedure Code," added Haji.

Mackenzie was facing more than 10 cases in various courts at the Coast since 2017, most of them revolving around the radicalisation of children, with the Judiciary claiming that most of the cases saw him released on a cash bail of up to Ksh1 million.

His most recent case saw the exhumation of more than 100 bodies buried on his vast 800 acres of land in the Shakahola forest, according to police data.

He is believed to have coerced the deceased members to fast to meet 'Jesus' and allegedly told the believers that their time on earth had ended and they should surrender their possessions to meet the Messiah.

The statement by the Judiciary was released after numerous questions emerged regarding how the accused, who is currently being held by the police, managed to secure freedom despite facing numerous criminal cases.