A fresh development has emerged in the Shakahola murder case as prosecutors from the Director of Public Prosecutions (DPP) present their proposed sentences for Pastor Paul Nthenge Mackenzie and 28 others ahead of the High Court’s final decision scheduled for November 6, 2026.
In a statement on November 3, the Office of the Director of Public Prosecutions (ODPP) detailed the sentencing submissions Deputy Director of Public Prosecutions Jami Yamina presented before the High Court in Mombasa.
The prosecution wants Mackenzie sentenced to death over his role in the murder of 191 people, including 190 children.
It has also proposed life imprisonment for 27 of his co-accused, citing the gravity of the offenses, the number of victims and the need to protect the public.
“The prosecution supports the imposition of capital punishment for Mackenzie, subject to consideration of his mitigation, remorse, regret and prospects of rehabilitation,” Yamina submitted.
Mackenzie and 28 others were convicted of 191 counts of murder arising from deaths at Shakahola Forest in Malindi Sub-County, Kilifi County, between January 2021 and September 2023.
DPP Seeks Life Sentences for 27 Co-Accused
Apart from the proposed sentence for Mackenzie, the prosecution wants the court to impose life imprisonment on 27 other convicts.
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Yamina argued that their sentences should reflect the seriousness of the offenses while protecting the public. He told the court that the other convicts had been heavily indoctrinated by Mackenzie and could remain vulnerable to reoffending.
The prosecution urged the judge to consider the individual responsibility of each convict and the risk of continued radicalization when determining their punishment.
It also presented recommendations from the National Counter Terrorism Center (NCTC), proposing that the convicts voluntarily participate in rehabilitation programs and engage with counter-narratives to support their eventual reintegration into society.
Should the court decline to impose life imprisonment on the 27 convicts, the DPP proposed consecutive sentences, arguing that each of the 191 deaths represented a separate murder offense.
“Should the court decline to impose life imprisonment on the 27 convicts, the DPP proposed consecutive sentences, noting that each of the 191 deaths constituted a distinct murder offense.”
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The prosecution also suggested grouping victims into three age categories to guide sentencing: children aged up to seven years, those aged between eight and 14, and minors aged between 15 and 18.
Separate Sentencing Proposal for Convict Who Admitted to 191 Murders
The prosecution made a separate proposal for Enos Amanya Ngala, who pleaded guilty to all 191 murder counts and was convicted on his own plea.
DPP asked the court to consider his plea-bargaining agreement and proposed a custodial rehabilitation program lasting between 24 and 30 months.
Under the proposal, he would submit periodic progress reports to inform a subsequent review of his sentence.
The proposed arrangement takes into account an 11-year custodial term, the time Ngala has already spent in remand and applicable remission.
In its submissions, the prosecution urged the court to consider several sentencing objectives, including retribution, deterrence, public protection, denunciation of crime, restorative justice and rehabilitation.
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