Shakahola Massacre: DPP Allows Prosecution Of Mackenzie & 94 Suspects

The Office of the Director of Public Prosecutions (ODPP) has approved 10 charges against 95 suspects linked to the death of 429 people in the Shakahola Massacre, including controversial Pastor Paul Mackenzie.

This follows an injunction issued by the courts to press charges against them or release them following the massacre.

In a statement, 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 include 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.

The charges were broken down as follows:

Offences under the Penal Code Cap 63

1. Murder contrary to Section 203 as read with Section 204 of the Penal Code
2. Manslaughter contrary to Section 202 as read with Section 205 of the Penal Code
3. Assault causing bodily harm contrary to Section 251 of the Penal Code.

Offences under the Prevention of Terrorism Act, 2012 and the Prevention of Organized Crimes Act, 2010.

1. Engaging in organized criminal activity contrary to Section 4(1) as read with Section 3(n) and Section 4(2) of the Prevention of Organized Crimes Act, 2010.
2. Radicalization contrary to Section 12D of the Prevention of Terrorism Act, 2012.
3. Facilitating the commission of a terrorist act contrary to Section 9A of the Prevention of Terrorism Act, 2012.
4. Being in possession of an article connected with an offence under the Prevention of Terrorism Act 2012 contrary to Section 30 of the Prevention of Terrorism Act, 2012.

Offences under the Children Act, 2001; the Prevention of Torture Act, 2017 and the Basic Education Act, 2013.

1. Subjecting a child to torture contrary to torture contrary to Section 25(3) of the Children Act, 2022 as read with Section 5(1) of the Prevention of Torture Act, No. 12 of 2017.
2. Cruelty to a child contrary to Section 152(1)(a) of the Children Act, 2022.
3. Infringing a child's right to education contrary to Section 30(1)(2) as read with Section 30(3) of the Basic Education Act, 2013.

"The DPP has therefore directed that the suspects be presented before the High Court and Subordinate Court forthwith. The ODPP undertakes to expeditiously prosecute the matters in view of the great public interest involved," stated the ODPP.

Senior Principal Magistrate Y.A. Shikanda had on January 9, given the State a 14-day ultimatum to charge Mackenzie. 

“In my view, that is sufficient time within which the pending investigations ought to have been completed,” the judge ruled then.

The suspects include Paul Mackenzie Nthenge, the leader of the church based in Kilifi County who has been in police custody since April 15, 2023.

They are likely to be charged on Wednesday, January 17.