Editor's Review

Pastor Mackenzie and his co-accused are alleged to have orchestrated the deaths of 191 people in Shakahola.

The Court of Appeal in Malindi has granted the Office of the Director of Public Prosecutions (ODPP) the go-ahead to prosecute 191 counts of murder against Pastor Paul Mackenzie and 30 co-accused individuals. 

In a statement on Friday, April 11, the ODPP said a three-judge bench overturned an earlier High Court decision that sought to limit the number of charges to just 12. 

They ruled that the law does not impose a limit on the number of charges that may be brought against an accused person, provided they arise from the same set of facts.

"In a judgment delivered today, the appellate bench comprising Justice Kibaya Imaana Laibuta, Lady Justice G.W. Ngenye and Justice Weldon Korir set aside the High Court decision issued on 17th May 2024 by Lady Justice Mugure Thande that had directed the DPP to reduce the murder charges to not more than 12 counts.

"The Court of Appeal emphasized that the law does not limit the number of charges that can be brought against an accused person. The judges found that the 191 counts arose from the same set of facts, and from the same transaction, and that under section 135 of the Criminal Procedure Code (CPC) legally permits such joinder of counts," the statement read. 

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File image of Pastor Paul Mackenzie in court

According to the ODPP, the Court of Appeal also highlighted the overwhelming public interest the case has generated. 

As such, the judges recommended that Chief Justice Martha Koome appoint a High Court judge to hear the case on a day-to-day basis to ensure an expeditious trial. 

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

The ODPP welcomed the judgment, stating, "This is a significant win for the DPP, reinforcing the principle that prosecutorial discretion must be exercised in line with the law and the interest of justice."

The ODPP said Pastor Mackenzie and his co-accused are alleged to have orchestrated the deaths of 191 individuals in Shakahola, Malindi, Kilifi County.

The victims include 11 named children, along with 82 unidentified male children, 72 unidentified female children, and 26 children whose gender could not be ascertained.