Mackenzie finally charged with murder
Shakahola massacre prime suspect Paul Nthenge Mackenzie and 29 others were yesterday charged before the Malindi High Court with 191 counts of murdering children.
The suspects appeared before Malindi High Court judge Mugure Thande and pleaded not guilty to the charges of murder.
The prosecution team led by deputy Director of Public Prosecutions (DPP), Victor Mule told Thande that 30 out of 31 suspects were found fit to stand murder trial.
The psychiatrist assessment test conducted on Evans Kolombe revealed that he was unfit to plead to murder charges.
The Prosecution applied for 30 days for him to undergo a second mental test before determining his fate.
The plea kicked off with Justice Thande directing that the charges be jointly read to all the accused persons because of the numbers of the counts facing each of the suspects.
The judge further directed that those who would plead guilty to the murder charges would raise their hands.
All the 30 accused persons jointly pleaded not guilty to 191 counts of murder contrary to section 203 as read with 204 of Penal Code.
They allegedly committed the offenses on unknown dates between January 2021 and September 2023 at Shakahola area in Malindi sub county in Kilifi county.
Thande heard that some of the murdered children were identified by their names while others with initials because they were unidentified by investigators but their bodies were found in mass graves within the vast Shakahola forest.
The court also heard the genders of some of the murdered children remained unknown.
Meanwhile, the defence counsel filed preliminary objections to oppose the number of murder counts facing their clients.
The prosecution also filed an application to oppose the release of each of the 30 suspects on bond.
In her ruling, Justice Thande directed the defence to file and serve their preliminary objection by February 13 with the prosecution ordered to serve and file its response by February 20, 2024.
The judge further directed parties to appear before her on March 7 2024 for highlighting of submissions.
The court also deferred hearing of the prosecution’s application to oppose bond until it hears and determines the preliminary objection.
The matter will be mentioned on March 7, 2024 for further directions. Survivors and victims’ families have said Mackenzie urged followers to fast in order to “go see Jesus”.
Mackenzie has already been charged with committing acts of terror, child cruelty and torture, which he denied.
Police and prosecutors allege that apart from starvation, some victims may have been strangled, suffocated or beaten to death using blunt objects.
Mackenzie and his alleged associates have been in police custody since last April when he surrendered to the authorities following the discovery of bodies in the forest.