Pastor Paul Mackenzie and 30 co-accused persons have been placed on their defence after the court found that the prosecution had established a case against them in the ongoing Shakahola murder trial.
In a ruling delivered at the Mombasa Law Courts, Justice Diana Kavedza held that the Director of Public Prosecutions had proved a prima facie case on all 191 counts of murder facing the accused.
The court determined that the evidence presented was sufficient to require the accused persons to respond to the charges.
The prosecution, led by Deputy Director of Public Prosecutions Joseph Kimanthi and Jami Yamina, called 121 witnesses, including survivors, investigators and expert witnesses and produced key exhibits such as postmortem reports and government analyst findings.
In her ruling, Justice Kavedza noted that it was not in dispute that bodies, including those of children, were exhumed from Shakahola, with some identified and released to families for burial.
She further observed that relatives of some of the accused testified in court and confirmed the deaths of their children, while other witnesses placed several of the accused at the scene, describing them as playing different roles within the settlement, including guards, grave diggers, cooks and village elders.
Pastor Mackenzie, also known as “Mtumishi” and “Nabii”, had been charged alongside 31 others under Section 203 as read with Section 204 of the Penal Code.
However, the court clarified that one of the accused, Enos Amanya, also known as Amos Ngala Amanya and “Aleluya”, had already pleaded guilty and is awaiting sentencing. The current ruling therefore applies to the remaining 30 accused persons.
The defence informed the court that they will present sworn testimony and call 12 witnesses, including six expert witnesses, as the case proceeds to the defence stage.
Other members of the prosecution team include Assistant Director of Public Prosecutions Ngina Mutua, Principal Prosecution Counsels Victor Owiti, Betty Rubia and Alex Ndiema and Prosecution Counsel Yassir Mohamed.
The case will now proceed with the defence hearing as the court continues to examine one of the most high-profile criminal trials in the country.
