Director of Public Prosecutions (DPP) Renson Ingonga will file fresh evidence against controversial preacher Paul Mackenzie and his 28 co-accused in the murder trial over the Shakahola deaths.
The High Court in Mombasa was informed that investigators have discovered new evidence and fresh clues, which could result in more suspects being charged and additional witnesses being called to testify against Mackenzie.
Prosecutor Alex Ndiema told Justice Diana Mochache on Tuesday that the newly received evidence must be supplied to the defense before the trial proceeds.
Good News International televangelist Paul Mackenzie and his accomplices at the Shanzu Magistrate's Court in Mombasa, where they listened intently to testimony against him in a terror-related case.
Photo credit: Wachira Mwangi | Nation Media Group
“We have recently received more evidence that needs to be supplied to the defense. We are yet to do so, therefore, it is our humble submission and request that the prosecution be granted an adjournment so that all the issues of discoveries and the need for amendment of the charges be conclusively dealt with, allowing for a smooth flow of proceedings,” Mr Ndiema said.
He explained that the prosecution required time to prepare adequately and avoid interruptions during the hearing.
His counterpart, Prosecutor Victor Simbi, added that, for the purpose of prosecuting the Shakahola matters, the DPP had constituted a team of prosecutors who are not ordinarily based in Mombasa.
“We were requesting an adjournment to regroup and put our house in order. In matters Shakahola, our closely scheduled dates and, in terms of logistics, it has become a little bit difficult to avail the prosecutors at the same time. Prosecutors have to be facilitated to attend court,” he said.
Mr Simbi confirmed that investigators had assembled new evidence that would lead to the inclusion of more suspects and witnesses. He assured the court that the application was not intended to delay proceedings or frustrate justice.
“We wish to assure the court that this application is purely aimed at ensuring thorough investigations are conducted,” he added.
According to the prosecution, DNA collection and analysis are still ongoing, and there may be a need to amend the charge sheet.
However, defense lawyer Lawrence Obonyo, representing Mackenzie, strongly opposed the application.
“We have serious reservations. This is akin to taking the wheels of justice back and denying the accused persons a fair and speedy trial. We have not raised any issue regarding documents that have not been supplied to us,” he argued.
Mr Obonyo insisted that the investigative office had already supplied all the documentation it intended to rely on. He said the case had been mentioned twice to ensure compliance with disclosure requirements and accused the DPP of having had ample time to amend the charges earlier.
“Amendment cannot stop this case from proceeding. That should not be used as a basis to halt the trial,” he told the court.
The court will issue further directions on Wednesday once the fresh evidence is formally presented and pre-trial matters are concluded.
This murder trial was assigned justice Mochache after the Court of Appeal reinstated 191 murder charges against Mackenzie in relation to the deadly Shakahola massacre, which claimed the lives of more than 450 followers of his Good News International Church.
Appellate judges Kibaya Laibuta, Weldon Korir, and Ngenye Macharia ruled that the length of a trial, cited by Mackenzie and his co-accused as a concern due to the high number of charges, cannot on its own justify the severance of counts unless justice demands it.
The High Court in Malindi had earlier rejected the 191 counts, directing the ODPP to file no more than 12 counts in the murder case. Mackenzie and his 28 co-accused were originally charged with the murder of 191 known and unknown persons, but Justice Mugure Thande rejected this and instructed the ODPP to reduce the charges to a maximum of 12.
In her ruling dated May 17, 2024, Justice Thande argued that it was neither in the public interest nor in the interest of justice to prosecute the accused using a charge sheet overloaded with 191 murder counts. She termed the case virtually unmanageable and likely to drag on unnecessarily.
Following her ruling, the ODPP appealed to the Court of Appeal, which in turn reinstated the 191 charges.
The charge sheet states that, on diverse dates between January 2021 and September 2023, the suspects jointly murdered Nathan Mathu, Evabra Dito, Seth Ngala, Sifa Edison, and 187 others in the Shakahola area, Kilifi County. They all pleaded not guilty.
Locals from Shakahola Centre help dig up graves at Shakahola Forest part of the 800 acres linked to Paul Mackenzie of Good News International Church in this past photo taken on June 6, 2023.
Photo credit: File I Nation Media Group
After entering their pleas, the accused challenged the charges, claiming the charge sheet was defective and that the 191 murder counts were oppressive and unconstitutional. They further argued that all 31 accused persons were charged with the murder of the same individuals over a three-year period between January 2021 and September 2023.
Following the Court of Appeal’s ruling, however, the suspects will now face trial on all 191 murder counts or as originally filed in the charge sheet or even more after the DPP made it clear that there are more evidence to be adduced at the trial.
