Shakahola Case: Court schedules February 20 for bail hearing

Mombasa Law Courts on Tuesday postponed proceedings involving 95 suspects charged with 238 counts of manslaughter in the Shakahola massacre case.

Chief Magistrate Alex Ithuku set a new hearing date for February 20, 2024, allowing the defence time to submit their response to the prosecution's objection to granting the suspects bail.

The prosecution opposes the release of the suspects- Paul Mackenzie and 94 others- on bond. They argue that these accused individuals are a flight risk due to their lack of known residences, which could hinder their attendance at trial if released.

Additionally, the prosecution believes that the severity of potential sentences, especially for Mackenzie, his wife Rhoda Mumbua and others, might lead them to abscond to avoid penalties.

They assert that the 40 women and 55 men linked to the 429 deaths in the Shakahola massacre are well aware of the prosecution's strong case against them and may evade trial.

Furthermore, the prosecution contends that Mackenzie and his associates could interfere with key witnesses, including victims and children, over whom they exert significant control. These potential witnesses are associated with Good News International (GNI), where the accused individuals serve as religious leaders or devotees.

Further, according to the prosecution, Mackenzie's prior criminal record, including convictions in two cases (in July 2017 and December 2023), weighs against his release on bail.

The accused faced 238 counts of manslaughter, as outlined in Section 202, in conjunction with Section 205 of the penal code.

Allegedly, they jointly took part in a suicide pact, resulting in the deaths of 238 individuals. These offences were purportedly committed between January 2021 and September 2023 in the Shakahola area within Malindi Sub-County, Kilifi County.

During their court appearance, which spanned four and a half hours, all the accused pleaded not guilty to each count of manslaughter