Shakahola murders: DPP wants Paul Mackenzie appeal dismissed
By Farhiya Hussein |
The prosecution argued that there is no provision of law compelling the DPP to reduce the number of murder charges against Mackenzie and his 29 co-accused persons.
The DPP on Thursday asked the High Court to dismiss a preliminary objection by Shakahola massacre prime suspect Paul Mackenzie and 29 others against the 191 counts of murder they are facing.
The Director of Public Prosecutions (DPP) told Judge Mugure Thande that each count reflects the number of children allegedly killed by the accused person at Shakahola forest.
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The prosecution further argued that there is no provision in law compelling the DPP to reduce the number of murder charges against Mackenzie and his 29 co-accused persons.
The team also noted that there are no lesser rights between the 191 murdered children and the accused persons.
Further, the DPP submitted that justice will only be served if the court refrains from interfering with its power to institute criminal charges based on material facts.
Case delay
The DPP also dismissed Mackenzie's argument that the 191 charges were defective and would delay the conclusion of their case.
The prosecution was responding to Mackenzie and his co-accused's objections to the number of murder counts they are facing.
The High Court will deliver its ruling on the application on May 17, 2024.
The court is also expected to hear an application by the prosecution, opposing the release of Mackenzie and his co-accused on bond.
All the 30 accused persons jointly pleaded not guilty to 191 counts of murder contrary to section 203 as read with 204 of the Penal Code.
They allegedly committed the offences between January 2021 and September 2023 in the Shakahola area of Malindi Sub-county, Kilifi County.
Thande heard that some of the murdered children were identified by name while others were assigned initials since they were unidentified by investigators.
The court also heard that the gender of some of the murdered children remained unknown.
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