The asked asked the Mombasa High Court, presided over by Justice Diana Kavedza, to find 31 accused persons, including Paul Nthenge Mackenzie, to have a case to answer in the ongoing Shakahola mass murder trial involving 191 counts of murder.
The prosecution submitted that it has already presented a prima facie case after calling 121 witnesses, who collectively produced a number of exhibits in support of its case against each of the accused persons.
The prosecution invited the Honourable Court, to find, on the basis of the totality of the prosecution evidence, and the material in support thereof, to find that the prosecution has availed cogent evidence of the connection of each of the accused persons with the circumstances in which the killing of each of the deceased children occurred.
The prosecution submitted that each of the accused persons was placed and or linked to the Shakahola area and the religious beliefs, doctrines and activities of the Pastor Paul Mackenzie’s Good News International Church including the hard fast which directly and indirectly resulted in the deaths of the 191 people.
All the accused except a few were arrested at the scene of crime, the court was told.
The Deputy Director of Public Prosecutions Jami Yamina submitted that most of the 121 witnesses called in the case resided or had knowledge of Shakahola (the scene of crime).
He said that the witnesses gave a first account not only on what happened to them but what they know happened to their parents, children, siblings, or their friends or neighbours .
He further told the court that the minors who died of suicide pact were murdered because they had no capacity to make proper judgement and consent to the agreement provided.
The prosecution also demonstrated the existence of malice aforethought based on the manner the members were to meet their death was a result of religious fast where all could not eat or drink so that they can meet death.
The prosecution also urgued that the role of each accused tend to show that they were part of the pact. They were all classified into groups, such as security, transporters, graves diggers and that they actively participated in the success of execution of suicide pact.
They further submitted that a good number of them had their children identified through DNA or their relative identified using non conventional methods.
Paul Nthenge Mackenzie alias Mtumishi alias Nabii alias Papaa and thirty (30) were charged with 191 counts of murder where it is alleged that the accused jointly committed murder at Shakahola in Malindi Sub-County within Kilifi County on an unknown date between January 2021 and September 2023.
The prosecution closed its case on 16 January 2025, after presenting evidence against all accused persons, who are jointly charged under Sections 203 and 204 of the Penal Code for murder.
The court will give a ruling on whether the accused persons have a case to answer on Wednesday, April 15, 2026.
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