Self proclaimed preacher Paul Nthenge Mackenzie and 30 of his co accused have been placed on their defence after the High Court in Mombasa ruled that they have a case to answer in the ongoing Shakahola mass murder trial involving 191 counts.
In a ruling delivered on April 15 2026, Justice Diana Kavedza found that the prosecution had established a prima facie case against the accused persons, allowing the trial to proceed to the defence stage.
The Office of the Director of Public Prosecutions say that this decision marks a significant step which had presented evidence linking the accused to deaths that were reported in Shakahola massacre in Kilifi County.
During the proceedings, the prosecution called 121 witnesses, including survivors, investigating officers and expert witnesses.
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The court also received exhibits such as postmortem reports and findings from government analysts as part of the evidence presented against the accused.
Justice Kavedza observed that evidence before the court confirmed that bodies, including those of children, were exhumed from the Shakahola area and that some were positively identified and released to relatives for burial.
The court further noted that testimony from relatives of some of the accused persons confirmed the deaths of their children.
On the other hand other witnesses placed several accused individuals at the settlement where the deaths occurred. Some were described as having roles within the community such as guards, grave diggers, cooks and village elders.
The accused persons are jointly charged with 191 counts of murder under Sections 203 and 204 of the Penal Code for alleged offences committed between January 2021 and September 2023 in the Shakahola forest.
One of the suspects, Enos Amanya alias Aleluya, had earlier pleaded guilty and is awaiting sentencing.
The ruling therefore, applies to the remaining 30 accused persons.
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Following the court’s decision, the defence indicated that the accused persons will give sworn testimony and call 12 witnesses, including six expert witnesses, as part of their defence case.
The prosecution team is led by Deputy Director of Public Prosecutions Joseph Kimanthi and Jami Yamina, alongside Assistant Director of Public Prosecutions Ngina Mutua and other state counsel handling the matter.
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Justice Diana Kavedza at High court Mombasa ruling over a case on the Shakahola massacre
PHOTO/ODPP