DPP Haji Clashes With Judiciary Over Paul Mackenzie Plea Deal

Director of Public Prosecution Noordin Haji (Left) and Controversial Preacher Paul Mackenzie (Right) during a media interview in Kilifi County on March 24, 2023.
Director of Public Prosecution Noordin Haji (Left) and Controversial Preacher Paul Mackenzie during a media interview in Kilifi County on March 24, 2023.
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ODPP

The Office of the Directorate of Public Prosecutions (ODPP) on Friday, April 28, vehemently refuted claims that it entered into a plea agreement with Pastor Paul Mackenzie in a criminal case in 2017.

In a statement from the ODPP's communication department, it was maintained that the accused, who is facing a new wave of criminal charges, was placed on defence and acquitted on merit.

"The Office of the Director of Public Prosecutions wishes to clarify that the office did not enter into a plea agreement with Paul Thenge Mackenzie and that the accused was placed on his defence and subsequently acquitted pursuant to Section 215 of the Criminal Procedure Code and not Section 210, in the Malindi Criminal Case No. 790 of 2017," reiterated the ODPP.

The fallout originated from an earlier statement from the Judiciary, dated Thursday, April 27, that indicated the controversial pastor was released after entering a plea agreement with the ODPP in a case where he was charged with running an unregistered school at his church.

Paul Mackenzie Nthenge appears at the Malindi chief magistrates court on Monday 6, May 2019.
Paul Mackenzie Nthenge appears at the Malindi chief magistrates court on Monday 6, May 2019.
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Paul Mackenzie Nthenge

Judiciary indicated that Mackenzie was charged alongside two other people who were directed to keep up good behaviour upon release.

According to the ODPP, Mackenzie was, at the time, fined Ksh20,000 after pleading guilty while the other accused persons entered into a plea agreement.

"In addition, Winnie Alexander Gandi and Betty Mwaka, who were teachers at the Good News International Ministries, were charged with the offence of practising as a teacher without a certificate of registration contrary to Section 19 as read with Section 39(c) of the Teachers Service Commission Act No. 12 of 2012.

"On December 13, 2018, the two accused persons pleaded guilty following a plea agreement, dated December 13, 2018, premised on the condition that they would be of good behaviour," read the statement in part.

The statement by the Judiciary was released after questions arose on how the accused secured freedom despite facing numerous criminal cases.

Mackenzie was facing over 10 court cases in various courts at the Coast since 2017, most of which revolved around the radicalisation of children.

The pastor is currently being held by the police as detectives continue with their investigations into mass graves at the Shakahola Forest in Kilifi County.

Mackenzie is accused of radicalising his followers to serve to death so as to meet with Jesus.

According to police data, over 100 bodies were recovered from the 800-acre forest in an operation that commenced in April 24.

President William Ruto (left) shakes hands with Chief Justice Martha Koome after arriving at the Kenyatta University Hospital on April 24, 2023.
President William Ruto (left) shakes hands with Chief Justice Martha Koome after arriving at the Kenyatta University Hospital on April 24, 2023.
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PCS
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