The Director of Public Prosecutions (DPP) has asked the High Court in Mombasa to sentence controversial preacher Paul Nthenge Mackenzie to death for his role in the murder of 191 people in the Shakahola tragedy, including 190 children.
Making sentencing submissions on Tuesday, Deputy Director of Public Prosecutions Jami Yamina told the court that the death penalty was the most appropriate punishment, citing the gravity of the offences and the scale of the loss of life.
“The prosecution supports the imposition of capital punishment for Mackenzie, subject to consideration of his mitigation, remorse, regret and prospects of rehabilitation,” Yamina submitted.
The prosecution cited Section 204 of the Penal Code and the Supreme Court’s ruling in the Muruatetu case, arguing that the circumstances surrounding the murders justified the imposition of the death sentence.
Mackenzie and 28 others were convicted of 191 counts of murder arising from the deaths of 191 people at Shakahola Forest in Malindi Sub-County, Kilifi County, between January 2021 and September 2023.
The DPP also urged the court to sentence 27 other convicts to life imprisonment, arguing that the punishment would reflect the seriousness of the offences and protect the public.
Yamina told the court that sentencing should take into account several objectives, including retribution, deterrence, public protection, denunciation of crime, restorative justice and rehabilitation.
He further submitted that the other convicts had been heavily indoctrinated by Mackenzie and could be at risk of reoffending. He urged the court to assess each convict’s level of responsibility while considering the possibility of continued radicalisation.
The prosecution also presented recommendations from the National Counter Terrorism Centre (NCTC), proposing that the convicts voluntarily undergo rehabilitation programmes and engage with counter-narratives to support their eventual reintegration into society.
In the event that the court declines to impose life imprisonment on the 27 convicts, the DPP proposed consecutive prison terms, arguing that each of the 191 deaths represented a separate murder offence.
The prosecution also suggested that the victims be categorised into three age groups to guide sentencing. These include children aged up to seven years, those aged between eight and 14 years, and minors aged between 15 and 18 years.
On the case of Enos Amanya Ngala, who pleaded guilty to all 191 murder counts and was convicted on his own plea, the prosecution asked the court to consider the terms of his plea-bargaining agreement.
The DPP proposed a custodial rehabilitation programme lasting between 24 and 30 months, with periodic progress reports to guide a subsequent review of his sentence.
The proposal also takes into account his proposed 11-year custodial term, the period he has already spent in remand and applicable remission.
Justice Diana Kavedza is expected to deliver sentences against the 29 convicts on November 6, 2026.
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