The Director of Public Prosecutions (DPP) has appealed against the High Court ruling directing the reduction of 191 charges of murder against Shakahola massacre prime suspect Paul Mackenzie and 29 other suspects.
The Court of Appeal sitting in Malindi is expected to set a hearing date for the DPP’s appeal, which has been filed in court.
Lady Justice Mugure Thande ruled that the charges were overloaded and directed the DPP to amend the charges and ensure the counts did not exceed more than 12.
In her ruling, Justice Thande argued that reducing the 191 murder charges against Mackenzie and his 29 co-accused will facilitate quick delivery of justice to all parties, besides saving precious judicial time.
She directed the DPP to amend the information containing the murder counts within 21 days and file fresh charges against them.
The prosecution team led by Senior Assistant Director of Public Prosecutions, Peter Kiprop, indicated that they have been aggrieved by Thande’s ruling delivered on 17 May 2024 at Malindi High Court.
According to the memorandum of appeal, the prosecution indicated that the learned judge erred in law and fact by directing the filing of information on counts not exceeding 12 in contravention with the constitutional mandate of the DPP.
It further stated that the judge erred in law and in fact and failed to apply in her mind the proper applicable tests of particulars.
“The learned judge erred in law and in fact by directing the filing of an information of counts not exceeding 12 in a manner that was not in conformity with the provisions of Section 135(3) of the Criminal Procedure Code, Cap 75 Laws of Kenya,” the prosecution team added.
They also indicated that the judge erred in law and fact by arriving at a conclusion that was at variance with its analysis and finding that the charges were properly drafted.
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.
Mackenzie and 94 others are charged with engaging in organized criminal activity, radicalization and facilitating the Commission of a Terrorist Act, and being in possession of an article connected with an Offence under the Prevention of Terrorism Act 2012.
It is alleged that on various dates between 2020 and 2023, the accused persons, who were members of the Good News International Ministries, an organized criminal group, engaged in organized criminal activities at Kwa Mackenzie area of Shakahola Forest, Chakama Location of Magarini Sub-County within Kilifi County, endangering lives and killing 429 members and followers.
They are also accused of promoting and/or adopting an extreme belief system for the purpose of facilitating ideologically based violence namely fasting to death by advancing religious change, which occurred between 2020 and 2023 at Shakahola Forest within Kilifi County.
The accused persons are also said to have facilitated the commission of a terrorist act by transporting the members and followers of Good News International Ministries between Shakahola Forest and Malindi Township within Kilifi County, thereby endangering their lives.
It is alleged that Paul Nthenge Mackenzie and two others, within the same period at Furunzi area in Malindi Sub-County within Kilifi County, were found knowingly in possession of CDs, DVDs, books and pamphlets for use in instigating the commission of a terrorist act, namely endangering the lives of the members and followers of the Good News International Ministries.
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