Shakahola massacre: DPP says 95 suspects have case to answer

Suspects in the Shakahola massacre have a case to answer and will be arraigned on Wednesday for plea-taking, the Office of the Director of Public Prosecutions (ODPP) has said.

The ODPP issued a statement on Tuesday, saying its conclusion was that the 95 suspects should be prosecuted on various charges. These charges range from heinous crimes under the Penal Code to offences outlined in the Prevention of Terrorism Act, 2012, and the Prevention of Organized Crimes Act, 2010.

The accused will face accusations including murder, manslaughter, assault, engaging in an organised criminal activity, radicalisation, facilitating terrorist acts, and possessing articles connected with offences under anti-terrorism laws.

A file photo of a crime scene in Shakahola forest, that was sealed off by investigators amid a probe into alleged cultic activites led by pastor Paul Mackenzie. (Photo: Khadija Abdi)

Additionally, charges under the Children Act, 2001, the Prevention of Torture Act, 2017, and the Basic Education Act, 2013 were laid out.

The suspects are also accused of subjecting a child to torture, causing cruelty to a child, and infringing a child's right to education.

Considering the gravity of the charges, in a case that shocked the world, the DPP directed that the suspects be presented before the appropriate High Court and subordinate courts without delay.

"The ODPP undertakes to expeditiously prosecute the matters in view of the great public interest involved," the statement said.

The murder charges will be heard at the Malindi High Court, cases involving children at Tononoka, manslaughter and other offences under the Penal Code at the Mombasa High Court and the radicalisation and terror-related offences in Shanzu.

A file photo of medical experts and investiagtors at a crime scene in Shakahola forest, that was sealed off amid a probe into alleged cultic activites led by pastor Paul Mackenzie. (Photo: Khadija Abdi)

Hundreds of bodies have exhumed from mass graves in Shakahola forest, Kilifi County, following allegations of cultic activites by pastor Paul Mackenzie of the Good News International Church.

Mackenzie has been charged. He has denied the charges.

Pastor Ezekiel Odero, of the Church, was also dragged into the case, accused of crimes including conspiracy to commit murder, and aiding suicide, abduction, radicalisation, genocide, crimes against humanity, child cruelty, fraud and money laundering. Odero denied the charges and the case against him was dismissed last October.

As of October 2023, the death toll in the case was 428.