The High Court Friday determined that controversial preacher Paul Nthenge Mackenzie and 29 others were properly charged with 191 counts of murder people in the Shakahola massacre in Kilifi County.
The court also directed the prosecution to reduce the number of murder charges from the current 191 to only 12.
Judge Mugure Thande noted that decreasing the number of charges will facilitate the quick delivery of justice to all parties while also saving valuable judicial time.
She directed the prosecution to amend the information containing the murder counts within 21 days and file fresh charges against them.
The ruling followed a preliminary objection filed by the defense counsel challenging the number of counts in the charge.
Thande ruled that the charge facing Mackenzie and his co-accused was properly drafted and the suspects were charged in accordance with the law.
The judge stated that the charge as drawn will not occasion any prejudice to Mackenzie and his co-accused persons.
The court is also expected to hear an application by the prosecution to oppose the release of Mackenzie and his co-accused on bond.
Thande directed parties to highlight submissions on the prosecution’s application to oppose bond on 18 July 2024.
The entire 30 accused persons 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 offenses on an unknown date between January 2021 and September 2023 in the Shakahola area of Malindi Sub County within Kilifi County.
The prosecution team is comprised of Senior Assistant Director of Public Prosecutions Peter Kiprop, Senior Principal Prosecution Counsel Ngina Mutua, Principal Prosecution Counsel Victor Owiti, Principal Prosecution Counsel Betty Rubia and Senior Prosecution Counsel Joseph Mwangi.
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