Long hearings await Mackenzie, co-accused in massacre case

They will on January 23 face 238 counts of manslaughter.

In Summary

• Mackenzi and his co-accused have been in custody for 278 days over the deaths of 429 people whose bodies were exhumed from the expansive Shakahola forests.

• 31 of the suspects were on Wednesday charged before Lady Justice Mugure Thande with 191 counts of murder.

Suspects in the Shakahola massacre when they appeared before the High Court in Malindi on 191 counts of murder charges, January 17, 2024.
Suspects in the Shakahola massacre when they appeared before the High Court in Malindi on 191 counts of murder charges, January 17, 2024.
Image: ODPP

Shakahola massacre main suspect Paul Mackenzie and his co-accused have a long date with judges in the coming weeks after they were finally charged on Wednesday.

The High Court in Malindi however, deferred plea-taking for Mackenzie and 30 others for 14 days pending their mental assessment.

They faced 191 counts of murder before Lady Justice Mugure Thande who set the mention and plea-taking date in the murder case for February 6.

The court, however, heard that 95 suspects will on Thursday appear before Shanzu law courts where they will be charged in batches depending on their level of participation in the killings.

The prosecution led by Deputy Director Public Prosecutions Victor Mule told the court the suspects would face terrorism-related charges.

They will be charged with engaging in organised criminal activity, radicalisation, facilitating the commission of a terrorist act, and having an article connected with an offence.

The crimes are punishable under the Prevention of Terrorism Act of 2012.

On Tuesday, January 23, the 95 suspects will again be arraigned before the Chief Magistrate Court in Mombasa on 238 counts of manslaughter contrary to Section 202, as read with Section 205 of the Penal Code.

The Office of Director of Public Prosecution said 39 other suspects will on Thursday, January 25, be charged with cruelty against children and other charges before Tononoka law courts.

While passing her ruling on the deferment of plea-taking, Justice Thande directed that each of the 31 suspects should be subjected to a psychiatrist evaluation and the report tabled in court before a plea is taken.

The judge also directed the Kenya Prisons Service to provide treatment to the suspects.

Meanwhile, the prosecution team informed the court that the issue of bond would only be canvassed once the suspects took a plea.

The prosecution, however, told the court that it would oppose any bail or bond application.

Mackenzi and his co-accused have been in custody for 278 days over the deaths of 429 people whose bodies were exhumed from the expansive Shakahola forests.

After nine months behind bars, Director of Public Prosecutions, Renson Ingonga on Tuesday, January 16, said he was satisfied that the evidence presented was sufficient to prosecute all 95 suspects.

In total, the DPP has prescribed 11 counts against the suspects.

WATCH: The latest videos from the Star