The Court of Appeal in Malindi has allowed the Director of Public Prosecutions (DPP) to proceed with 191 murder charges against preacher Paul Mackenzie and 30 other accused persons over incidents that occurred in the Shakahola area, Kilifi County, between January 2021 and September 2023.
The ODPP released a statement on Friday, April 11, stating that Justice Kibaya Imaana Laibuta, Lady Justice Ngenye and Justice Weldon Korir made the decision and reversed an earlier one by the High Court on May 17, 2024, in which Lady Justice Mugure Thande ordered the DPP to reduce the charges to no more than 12.
“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 victims of the Shakahola murders are 191 individuals, including 11 known children, 82 unknown male children, 72 unknown female children, and 26 children whose gender is not known.
In its judgment, the Court of Appeal said that the law does not limit the number of charges that can be brought against someone.
The judges explained that all 191 charges were based on the same facts and events and that Section 135 of the Criminal Procedure Code (CPC) allows such grouping of charges in one case.
“The Judges found that the 191 counts arose from the same set of facts and the same transaction and that under section 135 of the Criminal Procedure Code(CPC) legally permits such joinder of counts,” the statement reads.
The judges also said this case was important to the public and asked Chief Justice Martha Koome to assign a High Court judge to hear the case every day until it’s finished.
“The court further noted the overwhelming public interest in the matter and recommended that Chief Justice Martha Koome appoint a High Court judge to hear the case on a day-to-day basis to ensure the expeditious determination of the case,” ODPP added.
This decision is a big win for the DPP, showing that prosecutors can choose how to deal with cases if they follow the law and aim for justice.
According to the ODPP, the 31 people charged, including Mackenzie, are believed to have killed 191 people between January 2021 and September 2023 in the Shakahola area, Malindi Sub-County, Kilifi County.
