Cult leader Paul Mackenzie and his co-accused speak to their lawyer Lawrence Obonyo during a court session in Mombasa on Monday.The High Court in Mombasa is set to rule today on whether controversial preacher Paul Mackenzie and 30 co-accused have a case to answer in the Shakahola mass murder trial.
This is a key decision that will determine if they will be placed on their defence.
Justice Diana Kavedza will deliver
the ruling after the Director of Public Prosecutions (DPP) asked the court to
find that the accused have a prima facie case to answer on 191 counts of
murder.
The prosecution told the court it
had called 121 witnesses and produced multiple exhibits linking the accused to
the deaths of victims, including children, in Shakahola, Kilifi county.
Deputy Director of Public
Prosecutions Jami Yamina said the evidence showed clear links between the
accused and activities at Mackenzie’s Good News International Church, including
alleged fasting practices that led to deaths.
He said witnesses included people
who lived in or had direct knowledge of Shakahola and gave accounts of what
they saw happen to relatives, friends and neighbours.
“The witnesses gave a first account,
not only on what happened to them, but what they know happened to their
parents, children, siblings, or their friends or neighbours,” Yamina told the
court.
The prosecution further argued that
minors, who died under alleged fasting instructions, were legally victims of
murder, as they could not consent.
It also told the court malice
aforethought could be inferred from the structured fasting regime allegedly
imposed on followers, and that the accused played organised roles including
security, transport and grave digging.
Investigators also linked some of
the accused to victims through DNA and other forensic evidence.
Mackenzie, also known as Mtumishi,
Nabii and Papaa, together with the 30 others, is charged with jointly
committing the murders between January 2021 and September 2023 in Shakahola.
The prosecution closed its case in
January 2025 after presenting evidence under Sections 203 and 204 of the Penal
Code.
In a separate but related matter,
Mackenzie and seven others are also facing charges over the Kwa Binzaro
killings, where hearings are ongoing before a separate court.
In that case, witnesses including a
land surveyor and a DCI forensic officer testified on the recovery and
documentation of 28 bodies found in varying conditions, including shallow
graves and scattered remains.
The officer told the court that the
scene was carefully documented to preserve evidence for forensic analysis and
identification.
The prosecution alleges the
accused jointly murdered adults and children in Kwa Binzaro between January and
July 2025 in what it describes as a suicide pact.
The hearing continues.
