The High Court has adjourned the hearing of an application by the Office of the Directorate of Public Prosecutions (ODPP) opposing the granting of bond to Shakahola massacre prime suspect Paul Mackenzie and 29 persons accused alongside him.
ODPP argued that this will allow the agency more time to file its submissions in the case in which Mackenzie and other suspects were charged with murder.
The court heard that the prosecution team, led by Senior Assistant DPP Peter Kiprop, was ready to proceed with the case but pleaded with the court to give the office more days to file a comprehensive application.
“We have no objection to counsel being granted more time to file the submissions. We may, however, set a ruling date in advance. On our part, we pray to highlight our submissions, if agreeable to the court,”.
The case has an array of legal representatives, most of whom were absent during the most recent proceedings.
Lawyer Wycliffe Makasembo, who is appearing for the 30 accused persons, was absent to represent his clients.
In her ruling, Lady Justice Mugure Thande directed the defense to file its submissions opposing the DPP’s application on or before August 1, 2024.
The judge directed parties to highlight their respective submissions on September 24, 2024.
While issuing further directives, the judge directed the second defense counsel, James Mouko to issue notice to Mr. Makasembo on the court’s directions.
The ODPP had applied to oppose the bond for all the accused persons charged with the offence of murder.
In its application, the prosecution argued its case for denying the suspects bond, averring they were flight risks, lacked known permanent abodes, and might interfere with witnesses.
Prosecution attorneys also posited that the severity of the sentences facing Mackenzie and the others will make them abscond court hearings because they are aware of the strength of the case built by the State.
In the application, the ODPP argued that Mackenzie was still very influential among his followers and should not be released on bond.
“Some of the state witnesses in the case are children of the suspects, and they are very vulnerable,'' Peter Kiprop told the court.
Similarly, the DPP has moved to the Court of Appeal to oppose Justice Thande's ruling to reduce the 191 murder charges to not more than 12.
A three-judge bench at Malindi Law Courts is slated to set a hearing date for the appeal.
Mackenzie and his co-accused jointly pleaded not guilty to 191 counts of murder. They allegedly committed the offences on an unknown dates between January 2021 and September 2023 in the Shakahola area in Malindi sub-county within Kilifi County.
They were accused of murdering children, some of whom were identified by their names while others by their initials.
