Shakahola: 191 charges against Makenzi, 30 others reinstated

The Court of Appeal in Malindi has directed the Director of Public Prosecutions (DPP) to proceed with 191 counts of murder against controversial Pastor Paul Makenzi and his 30 co-accused.

In a judgment delivered yesterday, the appellate court overturned a High Court decision issued on May 17, 2024 by Justice Mugure Thande, which had directed the DPP to reduce the murder charges to no more than 12 counts.

“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 read.

Justices Kibaya Imaana Laibuta, Grace Ngenye and Weldon Korir held that the law does not place a limit on the number of charges that may be brought against an accused person.

The murders represent one of Kenya’s most disturbing cult-related tragedies, which unfolded in early 2023 in the remote Shakahola Forest in Kilifi County.

At the centre of the case is Makenzi, leader of the Good News International Church, who allegedly instructed his followers to fast to death in order to “meet Jesus”.

The appellate judges found that the 191 murder counts arose from the same set of facts and the same transaction, which is legally permitted under Section 135 of the Criminal Procedure Code.

“The 31 appellants are charged with one offence, namely, the alleged murder of 191 victims, in respect of whom the 191 counts are set out in the information.

‘‘It is also noteworthy that the offence charged is founded on the same set of facts,” reads part of the ruling.

In addition, the court recommended that Chief Justice Martha Koome appoint a High Court judge to hear the case on a day-to-day basis to ensure its expeditious determination.

During proceedings on May 17, 2024, Justice Thande at the Malindi High Court ruled that the charges were excessive and directed the DPP to amend them so that they did not exceed 12 counts.

Justice Thande made the ruling following an application by Makenzi’s lawyer, Laurence Obonyo, who sought to have the charges reduced, arguing that they were oppressive and infringed the constitutional rights of the accused.

Thande argued that reducing the 191 charges would facilitate the swift delivery of justice to all parties and help preserve precious judicial time.

The prosecution, led by Senior Assistant Director of Public Prosecutions Peter Kiprop, along with Jamii Yamina, Ngina Mutua, Victor Owiti, Mwangi and Betty Rubia, challenged Thande’s ruling and filed an appeal.

They argued that the judge erred in both law and fact by failing to apply the correct legal tests relating to the particulars of charges.

In the memorandum of appeal, the prosecution contended that directing the filing of information limited to 12 counts contravened the constitutional mandate of the DPP.

“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,” the team submitted.

They further argued that the judge reached a conclusion at odds with her own analysis, given that the charges were properly framed.

According to the charge sheet read , Makenzi and his group are accused of conspiring to kill Nathan Mathu, Evabra Dito, Seth Ngala, Sifa Edson and 187 others in the Shakahola area of Kilifi County.