An accused person voluntarily offered to confess to his crimes in the Shakahola massacre trial in Mombasa.
The accused is set to initiate a plea negotiation leading to a plea bargain by which he will turn into a state witness against the alleged mastermind, Paul Nthenge Mackenzie, and 29 others
In proceedings before the Mombasa High Court Justice Diana Kavedza ordered the separation of Enos Amanya Ngala, alias Hallelujah, from the rest of the accused persons after he expressed his willingness to make a confession and cooperate with Prosecution.
Enos Amanda alias Hallelujah, the seventh accused in the murder case, is jointly charged with Mackenzie and the others with 191 counts of murdering children.
Prosecution, led by Senior Assistant Director of Public Prosecutions Joseph Kimanthi and Assistant Directors of Public Prosecutions Jami Yamina comprising Ngina Mutua, Principal Prosecution Counsels Victor Owiti and Betty Rubia, welcomed the development, terming it a major step toward resolving the crimes behind the massacre.
The prosecution reiterated they remain open to entering plea bargain agreement with Enos Amanda and any other accused persons willing to cooperate with the state as in strict accordance with the Plea-Bargaining Policy and laws.
Despite Hallelujah’s move, his wife Anne Anyoso and his younger brother David Amanya continue to stand trial alongside the remaining accused persons.
Justice Kavedza directed that the accused be escorted to the Chief Magistrate’s Court chambers for the appointment of a magistrate to formally record his confession.
Advocate Kelvin Lisanza was appointed to represent and guide the accused through the confession process to ensure compliance with legal safeguards.
Following the recording of the confession, the DPP will determine whether to formally enter into a Plea Bargain agreement with the accused based on the substance and credibility of his testimony.
The court further ordered the accused’s daughter, who has already testified in the case, be present during the confession process and directed prison authorities to guarantee their safety.
Prosecution has lined up six additional witnesses to testify, including Dominic Ngumah, who gave a harrowing account of how he lost his three children in the Shakahola massacre.
Mackenzie is also facing separate charges of radicalization, manslaughter, and crimes against children.
The DPP has since closed its case in the radicalization and crimes against children files after presenting witnesses and evidence, with rulings expected in the coming weeks.
The manslaughter case remains ongoing while the murder case is set to be closed soon.
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