The High Court Thursday adjourned the hearing of an application by the prosecution to oppose bond being granted to Shakahola massacre prime suspect Paul Mackenzie and 29 other suspects.
This is to give the defense more time to file their submissions in the case in which Mackenzie and his co-accused were charged with murdering 191 people.
The prosecution team told Lady Justice Mugure Thande that they were ready to proceed with the case.
However, they indicated that they would not be opposed to the defense’s prayer seeking seven days to put their house in order.
“We have no objection to counsel being granted more time to file the submissions. We may, however, set a ruling date in advance. On our part, we pray to highlight our submissions, if agreeable to the court,” stated the prosecution team.
They include Senior Assistant DPP Peter Kiprop, Assistant DPP Jami Yamina, Senior Principal Prosecution Counsel Ngina Mutua, Principal Prosecution Counsels Victor Owiti and Betty Rubia and Senior Prosecution Counsel Joseph Mwangi.
At the same time, lawyer Wycliffe Makasembo, who is appearing for the 30 accused persons, was absent to represent his clients.
In her ruling, the judge directed the defense to file their submissions in opposition to the DPP’s application on or before 1 August 2024.
Thande further directed parties to highlight their respective submissions on 24 September 2024.
She further directed the second defense counsel, James Mouko to issue notice to Mr. Makasembo on the court’s directions.
The prosecutor applied to oppose the bond for all the accused persons charged with the offence of murder, contrary to Section 203 as read with 204 of the Penal Code.
In their application, the prosecution team gave five compelling reasons to deny the suspects’ bond, saying they were flight risks, lacked known permanent abodes, and might interfere with witnesses.
They further posit that the severity of the sentences facing Mackenzie and the 94 others will make them abscond court hearings because they are aware of the strength of the prosecution case.
In the application, the prosecution team argues that Mackenzie is still very influential among his followers and should not be released on bond.
“Some of the state witnesses in the case are children of the suspects, and they are very vulnerable.”
At the same time, the DPP has moved to the Court of Appeal to oppose Thande’s ruling to reduce the 191 murder charges to not more than 12.
A three-judge bench superior court sitting at Malindi is slated to fix a hearing date for the Director of Public Prosecutions appeal.
Mackenzie and his co-accused jointly pleaded not guilty to 191 counts of murder, contrary to Section 203 as read with 204 of the Penal Code.
They allegedly committed the offences on an unknown date between January 2021 and September 2023 in the Shakahola area in Malindi sub-county within Kilifi County.
They were accused of murdering children, some of whom were identified by their names while others by their initials, since they were unidentified by investigators.
The court also heard that the genders of some of the murdered children were unknown.
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