Shakahola Massacre: Paul Mackenzie's trial postponed to 2025 due to shortage of prosecutors

The high-profile manslaughter trial involving controversial Kilifi cult leader Paul Mackenzie and his 94 accomplices has been postponed until March 2025. The adjournment came as a result of a prosecutorial staffing shortage.

The Office of the Director of Public Prosecutions (ODPP) filed a request for more time, delaying the Shakahola massacre case, originally scheduled to proceed in a Mombasa Chief Magistrate's Court this week. Prosecutor Victor Simbi informed the court that the prosecutorial team assigned to the case was severely understaffed due to sudden transfers and additional administrative duties.

"Three prosecutors have been transferred to different stations effective immediately, while the remaining prosecutors from Nairobi are also unavailable for this matter as they have been assigned other duties. I am the only prosecutor available for the entire week," Simbi explained to Chief Magistrate Alex Ithuku.

"I am not saying I cannot handle this matter, but due to its weight, seriousness, and public interest, the team of seven prosecutors was constituted to manage the case. We pray for an adjournment to allow the ODPP to put its house in order," Simbi added.

The Shakahola trial, which centres around Mackenzie and his co-accused, involves 238 charges of manslaughter linked to the deaths of over 429 members of the Good News International (GNI) church in Shakahola Forest.

According to court documents, the accused allegedly orchestrated a mass suicide pact that led to the deaths of their followers between January 2021 and September 2023. The nature and scope of the case prompted the ODPP to assign a team of seven prosecutors to manage the complex proceedings.

Despite the ODPP’s appeal, Mackenzie’s defence team voiced strong opposition to the delay. Defence attorney Lawrence Obonyo expressed his clients' readiness to proceed, criticising the prosecution's request as a violation of their right to a fair and expeditious trial.

"While I sympathise with Mr Simbi’s predicament, it is our understanding that the state has the capabilities and resources to deploy officers to ensure a smooth and uninterrupted trial of this case. The significance of this case places the accused persons in a position where they require protection from the court and a fair trial from the beginning to the end," said Obonyo.

Obonyo argued that the delay undermines the legal rights of his clients, all of whom have been denied bail and are currently held in lawful custody.

"All of the accused persons have not been granted bond; it would be fair that the same hand that denies them their constitutional right to bail and bond also ensures a fair and expeditious trial," he added. "At no point have the accused persons caused the delay of this trial since it began."

The defence attorney also noted that three of his clients had died while in custody, highlighting the importance of swift resolution. He requested that Simbi proceed with the evidence from at least one witness, but the prosecutor explained that no witnesses were available due to the logistical disruptions.

"We informed the witness about the adjournment, which demonstrates good faith on the part of the state," said Simbi. "I can manage this matter, but we lack witnesses because they were notified of today’s adjournment."

Simbi added that the prosecution had originally arranged for a lineup of government pathologists, doctors, and Directorate of Criminal Investigations (DCI) officers to testify this week. However, the team's compromised ability to handle the case instructed these witnesses not to attend.

Mombasa Senior Assistant DPP Peter Kiprop had initially led a team of seven prosecutors, including Senior Assistant DPP Jami Yamina, Victor Owiti, Betty Rubia, Hillary Isiaho, Alex Gituma, and Simbi. However, Yamina, Owiti, and Rubia, part of the Nairobi-based team, were unavailable for the trial due to other assignments, adding to the ODPP's staffing constraints.

Eastleigh Voice understands that the primary investigator, Chief Inspector Raphael Wanjohi, was prepared and in court with his witnesses, ready to testify. Police Constable Ventah Andayi, who is working closely with Wanjohi on the evidence presentation, was also present with materials necessary for this week’s trial.

Chief Magistrate Ithuku, while granting the prosecution’s request, did not hide his disappointment at the apparent lack of coordination.

"When I denied the suspects' bond, I directed the matter to proceed expeditiously. Informing witnesses in advance not to appear in court could be interpreted as an intention to cause an adjournment of the case," he noted.

He acknowledged the gravity of the charges and the public's vested interest in the case, highlighting the need for thorough and organised prosecution.

"The court has prioritised the Shakahola case and set aside an entire week to ensure a speedy trial because it is serious," Ithuku stated.

The Shakahola case is set to resume from March 3 to 6, 2025.