The Court of Appeal in Malindi has granted the Director of Public Prosecutions (DPP) the green light to proceed with 191 counts of murder against controversial pastor Paul Mackenzi and his 30 co-accused persons.
In a judgment delivered on Friday, the appellate bench comprising Justice Kibaya Imaana Laibuta, Lady Justice G.W. Ngenye, and Justice Weldon Korir set aside the High Court decision issued on 17th May 2024 by Lady Justice Mugure Thande that had directed the DPP to reduce the murder charges to not more than 12 counts.
The Court of Appeal emphasized that the law does not limit the number of charges that can be brought against an accused person.
The judges found that the 191 counts arose from the same set of facts and the same transaction and that section 135 of the Criminal Procedure Code (CPC) legally permits such a joinder of counts.
“The accused persons are alleged to have jointly murdered 191 individuals,11 known children namely SHN, EDN, SE, NM, NR, JA, SH, EM, EN, SP and PK; 82 unknown male children; 72 unknown female children; and 26 unknown children of an unascertained gender, between January 2021 and September 2023 in the Shakahola area, Malindi Sub-County, Kilifi County,” read a statement from the ODPP.
The court further noted the overwhelming public interest in the matter and recommended that Chief Justice Martha Koome appoint a High Court judge to hear the case on a day-to-day basis to ensure the expeditious determination of the case.
This is a significant win for the DPP, reinforcing the principle that prosecutorial discretion must be exercised in line with the law and the interest of justice.
The ODPP was represented by prosecutors Peter Kiprop, Jamii Yamina, Ngina Mutua, Victor Owiti, Mwangi, and Betty Rubia.