Shakahola massacre: Court of Appeal reinstates 191 murder charges against Paul Makenzie
The judges on Friday emphasised that the 191 charges stem from the same facts and form a single transaction, making them permissible under the law.
The Court of Appeal in Malindi has reinstated 191 murder charges against controversial preacher Paul Makenzie and 30 of his associates, overturning a High Court ruling that had reduced the number of charges to 12.
In a decision delivered by a three-judge bench consisting of Justices Kibaya Imaana Laibuta, Grace Ngenye, and Weldon Korir, the appellate court ruled that there is no legal restriction on how many charges can be brought against an accused person.
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The judges on Friday emphasised that the 191 charges stem from the same facts and form a single transaction, making them permissible under the law.
"Having carefully considered the record as presented to us, the grounds of appeal, the rival submissions, the cited authorities and the law, we reach the inescapable conclusion that the appeal succeeds and is hereby allowed," the judgment stated.
The case revolves around the deaths of 191 people who were allegedly told by Makenzie, the leader of the Good News International Church, to fast to death to "meet Jesus."
The tragedy unfolded in early 2023 in the Shakahola Forest in Kilifi County and shocked the entire nation.
The prosecution team, led by Senior Assistant Director of Public Prosecutions Peter Kiprop, along with Jamii Yamina, Ngina Mutua, Victor Owiti, Mwangi, and Betty Rubia, had challenged an earlier ruling by Justice Mugure Thande.
On May 17, 2024, Justice Thande ruled that the charges were excessive and ordered the DPP to limit them to 12 counts.
Justice Thande made her decision based on a request by Makenzie’s lawyer, Laurence Obonyo, who argued that the 191 charges were overwhelming and violated the constitutional rights of the accused. The judge supported the idea of reducing the charges to save judicial time and ensure faster delivery of justice.
However, the prosecution argued that the ruling was flawed and went against legal procedure. They submitted that the judge had misinterpreted the law and ignored Section 135 of the Criminal Procedure Code, which allows multiple charges if they arise from the same set of facts.
"The learned judge erred in law and in fact by directing the filing of an information with no more than 12 counts in a manner inconsistent with the provisions of Section 135(3) of the Criminal Procedure Code, Cap 75, Laws of Kenya," they argued in their appeal.
The appellate judges agreed with this position and added that the charges were legally framed and did not breach any constitutional rights.
In a further directive, the Court of Appeal recommended that Chief Justice Martha Koome appoint a High Court judge to oversee the case on a daily basis to help speed up its conclusion.
Makenzie and his co-accused are facing charges for allegedly murdering 191 individuals, including Nathan Mathu, Evabra Dito, Seth Ngala, and Sifa Edson, in addition to 187 other victims.
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