The prosecution has urged the High Court in Mombasa to impose the death penalty on controversial preacher Paul Nthenge Mackenzie following his conviction over the Shakahola Forest killings, which claimed 191 lives, including 190 children.
Deputy Director of Public Prosecutions Jami Yamina told the court that the magnitude of the crimes and the circumstances surrounding the deaths warranted the maximum sentence available under the law.
The State is seeking life imprisonment for 27 other convicts, arguing that the punishment should reflect the seriousness of their involvement while safeguarding the public.
State Cites Gravity of 191 Murders
In its sentencing submissions, the prosecution relied on Section 204 of the Penal Code and the Supreme Court’s decision in the Muruatetu case to support its request for capital punishment.
Yamina argued that sentencing should take into account the need to punish offenders, deter similar crimes, protect the public, condemn unlawful conduct and promote rehabilitation and restorative justice.
The prosecution nevertheless asked the court to consider Mackenzie’s mitigation, including his level of remorse, regret and prospects of rehabilitation, before determining the appropriate sentence.
Mackenzie and 28 others were convicted of 191 murder counts arising from deaths at Shakahola Forest in Malindi Sub-County, Kilifi County, between January 2021 and September 2023.
Concerns Over Indoctrination and Reoffending
The DPP argued that the other convicts had been extensively indoctrinated by Mackenzie, raising concerns about their vulnerability to further radicalisation and the possibility of reoffending.
The prosecution urged the court to examine the role and responsibility of each convict individually while considering the potential risks they could pose if released without appropriate intervention.
It also presented recommendations from the National Counter Terrorism Centre (NCTC), proposing voluntary rehabilitation programmes and counter-narrative interventions to help the convicts address extremist beliefs and, where appropriate, prepare for eventual reintegration into society.
Prosecution Proposes Alternative Sentencing Approach
Should the court decline to impose life imprisonment on the 27 co-accused, the State wants separate prison terms for each murder count, with the sentences running consecutively.
The prosecution argued that the 191 deaths represented distinct offences and should therefore be reflected individually in the punishment.
It also proposed categorising the victims by age when determining sentences. The suggested groups are children aged seven and below, those between eight and 14 years, and minors aged 15 to 18 years.
Separate Proposal for Convict Who Pleaded Guilty
The prosecution made a different sentencing proposal for Enos Amanya Ngala, who pleaded guilty to all 191 murder charges and was convicted on his own plea.
The State asked the court to take his plea-bargaining agreement into account and consider a custodial rehabilitation programme lasting between 24 and 30 months.
Under the proposal, his progress would be monitored through periodic reports to guide a subsequent review of his sentence.
The prosecution’s proposal also takes into account an 11-year custodial term, the period Ngala has already spent in remand and applicable remission.
Sentencing Set for November 6
Justice Diana Kavedza is expected to pronounce sentences against the 29 convicts on November 6, 2026.
The court’s decision will determine the punishment for Mackenzie, the 27 co-accused facing the prosecution’s request for life imprisonment, and Ngala, whose case has been presented under a separate sentencing proposal.
