Paul Mackenzie to mount defence as Shakahola manslaughter trial moves to next stage
The decision also applies to 94 co-accused persons who are facing the same charges in connection with deaths linked to the Shakahola tragedy in Kilifi.
Paul Mackenzie, the main Shakahola suspect, and his co-accused at the dock. (Photo: Courtesy)
Paul Mackenzie, the main suspect at the centre of the Shakahola deaths investigation, will now be required to defend himself against 238 counts of manslaughter after a Mombasa court ruled that prosecutors had presented sufficient evidence for the case to proceed.
The decision also applies to 94 co-accused persons who are facing the same charges in connection with deaths linked to the Shakahola tragedy in Kilifi County.
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The court found that the prosecution had established a case requiring all the accused persons to respond to the allegations.
The charges relate to deaths said to have occurred between January 2021 and February 2023.
The prosecution had called 94 witnesses during the hearing of the case. Their testimony and other evidence presented before the court were deemed sufficient to warrant the accused being placed on their defence.
Mackenzie told the court that he plans to summon 20 witnesses to support his defence.
The court has set aside the period between July 17 and 23, 2026, for the hearing of the defence case.
The ruling represents a major step in one of Kenya's most closely watched criminal proceedings.
Investigations into the Shakahola deaths began after authorities uncovered mass graves in Shakahola Forest, sparking widespread concern and prompting several parallel investigations.
While the manslaughter case advances to the defence stage, Mackenzie and some of his co-accused remain entangled in a series of other legal battles arising from the same events.
They are facing terrorism-related charges before the Shanzu Law Courts, murder charges before the High Court in Mombasa, and separate cases involving children at the Tononoka Law Courts.
Court records indicate that the accused persons have denied all charges brought against them.
The latest ruling means the burden now shifts to the defence to challenge the prosecution's evidence and present its own account of events.
Once the defence hearing concludes, the court will consider the evidence from both sides before determining whether the accused persons are guilty or should be acquitted.
The decision also marks another legal victory for prosecutors, who have successfully persuaded the courts in the various Shakahola-related cases that sufficient evidence exists for the accused persons to be called upon to answer the charges against them.