The Director of Public Prosecutions (DPP) Renson Ingonga has asked the High Court in Malindi to dismiss preliminary objections filed by Shakahola massacre prime suspect Paul Nthege Mackenzie and 29 others in protest of the 191 counts of murder against them.
The DPP was responding to Mackenzie and his co-accused’s objections to the number of murder counts facing them.
According to the DPP the obligations from Mackenzie would delay judgment and the case.
“The 191 charges were defective and would delay the conclusion of their case,” DPP stated.
The prosecution told justice Mugure Thande that each count represents the number of children allegedly killed by the accused persons in Shakahola Forest.
In their defense Mackenzie’s lawyers, Muoko and Makasembo, had asked the court to reject the charge sheet indicating that all the 191 charges were similar. Additonally, they suggested that the charges be brought down to 12.
“Having many counts in a single charge sheet is overloading. The charge sheet is defective as it fails to disclose the specific period when the alleged offences occurred,” Muoko said.
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The lawyers also stated that prosecution did not elaborate on the details of the deceased persons.
“It does not show the ages of the deceased and gender. Therefore, our prayer is that the charge sheet is defective and should be struck out. If not, the court should give the DPP an order to come up with specific counts,” the lawyers demanded.
Malindi High Court Judge Mugure Thande is expected to deliver the ruling on May 17, 2024.
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The DPP team
In a statement released on March 7, 2024, the DPP team consisting of the Deputy Director Public Prosecutions, Victor Mule and Senior Assistant Director Public Prosecutions, Peter Kiprop submitted the document to the High Courts of Malindi.
The team also included Senior Principal Prosecution Counsel, Ms. Ngina Mutua; Principal Prosecution Counsel, Mr. Victor Owiti; Principal Prosecution Counsel, Ms. Betty Rubia; and Senior Prosecution Counsel, Mr. Joseph Mwangi.
While presenting their submission, the team indicated that the murder case would only succeed if the court allowed the DPP to do his job.
“191 murder counts will only meet the justice of the case if the court refrains from interfering with the DPP’s power to institute criminal charges based on material facts,” the statement read in part.
Mackenzie Causes Drama outside court
Controversial cult leader Paul Mackenzie and his counterparts caused drama outside Malindi High Court on March 7, 2024, citing mistreatment by police officers.
The suspects stated that they had been denied a chance to speak to his co-accused.
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“Mimi nataka kuongea na co accused na mnanizuiya. Nizuieni prison, nizuieni kwa gari lakini msinizuie kortini. I have a right to talk to my co accused,” lamented Mackenzie then even as the officers continued to block him.
This loosely translates to; ‘You are blocking me from talking to my co-accused, you can bar me in prison but not while in court as I have the right to converse with them.
Pastor Paul Mackenzie and 29 other suspects were appearing before the Malindi High Court following the alleged murder of 191 children whose bodies were retrieved from Shakahola forest last year.
