The Office of the Directorate of Public Prosecution (ODPP) 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 ODPP filed the case in the Court of Appealing in Malindi on Monday seeking clarity on why the charges placed against Shakahola victims should be reduced to 12.
During court proceedings in May, 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 12.
The judge 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.
The ODPP was then given a 21-day request to amend the information containing the murder counts before filing fresh charges against the prime suspect.
In the appeal made, the prosecution team indicated that the judge erred in law and fact by directing the filing of information on counts not exceeding 12. They noted that this contravenes the Constitution of Kenya 2010.
"The judge erred in law and fact and failed to apply in her mind the proper applicable tests of particulars," the memorandum of appeal read in part.
“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,” it further insisted.
The prosecution team led by Senior Assistant Director of Public Prosecutions, Peter Kiprop, indicated that they have been aggrieved by the ruling that was delivered on 17 May at Malindi High Court.
In the memorandum of appeal, the team also indicated that the judge erred in law and fact by concluding.
In the appeal, the court is also expected to hear an application by the prosecution to oppose the release of Mackenzie and his co-accused on bond.
The Court of Appeal in Malindi is expected to set a hearing date for the ODPP’s appeal.
