The manslaughter case against suspected Kilifi cult leader Paul Mackenzie and his 94 accomplices has been postponed to March 2025 due to a shortage of prosecutors to conduct the trial.
A Mombasa Chief Magistrate’s Court was on Monday compelled to adjourn the case, originally scheduled for three days this week, after the Office of the Director of Public Prosecutions (ODPP) requested additional time to address the shortage.
Prosecutor Victor Simbi informed the court that a team of seven prosecutors handling the case was unavailable due to transfers and other administrative issues.
“Three prosecutors have been transferred to different stations effective immediately, while the remaining prosecutors from Nairobi are also unavailable for this matter as they have been assigned other duties. I am the only prosecutor available for the entire week,” he told Chief Magistrate Alex Ithuku.
The prosecutor explained that the Shakahola massacre case is complex, serious, and of public interest, which is why a team of seven prosecutors was formed to manage it.
Mr Simbi defended his request for an adjournment, emphasising that the prosecution has ensured a seamless and smooth trial since it began, having presented 18 witnesses and marked 281 exhibits.
“I am not saying I cannot handle this matter, but due to its weight, seriousness, and public interest, the team of seven prosecutors was constituted to manage the case. We pray for an adjournment to allow the ODPP to put its house in order,” said the prosecutor.
The prosecutor stated that the ODPP had anticipated the case to proceed smoothly without unnecessary adjournments but the office now finds itself in an awkward position due to the transfer of three prosecutors and the unavailability of their colleagues from Nairobi.
Mr Simbi noted that there has not been an immediate replacement for the three transferred prosecutors.
He further explained that even if replacements were available, the new prosecutors would still require additional time to familiarise themselves with the case, given the complexities involved in the Shakahola prosecution.
“I wish to apologise to the court, the defence counsel, and the accused persons for this inconvenience. It is not deliberate; it is an unfortunate circumstance that the state did not foresee,” he said.
Mombasa Senior Assistant DPP Peter Kiprop has been leading a team of prosecutors, including Senior Assistant DPP Jami Yamina, Victor Owiti, Betty Rubia, Hillary Isiaho, Alex Gituma, and Mr Simbi, in presenting witness evidence in this manslaughter case.
Mr Yamina, Mr Owiti, and Ms Rubia are part of the Nairobi team that joins their Mombasa colleagues, who also include Ms Ogega Bosibori and Anthony Musyoka.
However, Mackenzie and his group informed the court through their advocate, Lawrence Obonyo, that they were prepared to proceed with the hearing, insisting that the matter should not be adjourned as it would further delay the case.
Mr Obonyo said there should be no excuse on the part of the ODPP to postpone the case because of a shortage or lack of prosecutors, as the state has all the resources to deploy adequate numbers of state officers to take over from those who have been transferred.
“While I sympathise with Mr Simbi’s predicament, it is our understanding that the state has the capabilities and resources to deploy officers to ensure a smooth and uninterrupted trial of this case. The significance of this case places the accused persons in a position where they require protection from the court and a fair trial from the beginning to the end,” said Mr Obonyo.
According to the lawyer, all his clients were denied bail with the understanding that the matter would be tried expeditiously; hence, any delay in the proceedings may be viewed as an intentional violation of their rights to a fair and speedy trial.
He urged the court to protect the suspects from state unfairness, noting that three of his clients had died during the trial while in lawful custody.
“All of the accused persons have not been granted bond; it would be fair that the same hand that denies them their constitutional right to bail and bond also ensures a fair and expeditious trial. At no point have the accused persons caused the delay of this trial since it began,” said Mr Obonyo.
However, Mr Simbi countered that no witness was available, as they had been instructed not to attend the hearing due to the circumstances the prosecution found itself in.
“We informed the witness about the adjournment, which demonstrates good faith on the part of the state. I can manage this matter, but we lack witnesses because they were notified of today’s adjournment,” he stated, adding that the transferred prosecutors had to travel to their new stations to report.
Mr Simbi said the state had arranged for government pathologists, doctors, and Directorate of Criminal Investigations (DCI) officers involved in the generation and analysis of DNA from the bodies exhumed in Shakahola to serve as witnesses over the three days.
However, the Nation understands that Chief Inspector Raphael Wanjohi, the investigator in the case, was prepared and was in court with his witnesses, ready to testify.
Police Constable Ventah Andayi, who is collaborating closely with Mr Wanjohi and the prosecution during the evidence presentation in court, was also present with the necessary materials for this week’s trial.
Mr Ithuku granted the prosecution’s request for an adjournment but expressed serious concerns about why the prosecutors who were present during the planning for this week’s hearing would take other assignments, which could indicate that the Shakahola trial was no longer a priority.
The magistrate said that informing witnesses in advance not to appear in court could be interpreted as an intention to cause an adjournment of the case.
“When I denied the suspects' bond, I directed the matter to proceed expeditiously. However, I will allow the adjournment, hoping we will cover the week lost,” said Mr Ithuku.
The magistrate said the court had prioritised the Shakahola case and set aside an entire week to ensure a speedy trial because it is a serious case.
In this case, Mackenzie and his co-accused are charged with 238 counts of manslaughter following the deaths of over 429 members of the Good News International (GNI) church in Shakahola Forest.
They allegedly, in pursuance of a suicide pact aimed at their own deaths and those of others not before the court, jointly killed 238 people.
They are alleged to have committed the offences between January 2021 and September 2023 in the Shakahola area of Malindi Sub-County within Kilifi County.
The case will be heard from March 3 to 6, 2025.
