The Director of Public Prosecutions (DPP) has urged the High Court in Mombasa to sentence controversial preacher Paul Nthenge Mackenzie to death over his role in the Shakahola massacre that claimed 191 lives, including 190 children.
During sentencing submissions on Tuesday, November 3, Deputy Director of Public Prosecutions Jami Yamina told the court that the death penalty was the most appropriate punishment for Mackenzie, considering the gravity and heinous nature of the offences.
“The prosecution supports the imposition of capital punishment for Mackenzie, subject to consideration of his mitigation, remorse, regret and prospects of rehabilitation,” Yamina submitted.
The prosecution cited Section 204 of the Penal Code and the Supreme Court’s Muruatetu jurisprudence, arguing that the circumstances surrounding the deaths warranted the harshest possible punishment.
Mackenzie and 28 others were convicted of 191 counts of murder arising from the deaths at Shakahola Forest in Malindi Sub-County, Kilifi County, between January 2021 and September 2023.
The DPP also asked the court to sentence 27 other convicts to life imprisonment, arguing that the punishment would reflect the seriousness of the crimes and protect the public.
Yamina told the court that sentencing should consider several objectives, including retribution, deterrence, public protection, denunciation of crime, restorative justice and rehabilitation.
He further argued that the other convicts had been heavily indoctrinated by Mackenzie and could remain vulnerable to reoffending.
The prosecution urged the court to assess each convict’s individual level of responsibility while considering the risk of continued radicalisation.
In its submissions, the prosecution also presented a proposal from the National Counter Terrorism Centre (NCTC), recommending that the convicts voluntarily participate in rehabilitation programmes and engage with counter-narratives to support their eventual reintegration into society.
Should the court decline to impose life imprisonment on the 27 convicts, the DPP proposed consecutive prison sentences, arguing that each of the 191 deaths represented a separate murder offence.
The prosecution further suggested grouping the victims into three age categories to guide sentencing: children aged seven years and below, those aged between eight and 14, and minors aged between 15 and 18.
Meanwhile, the DPP asked the court to consider a plea-bargaining agreement in the case of Enos Amanya Ngala, who pleaded guilty to all 191 murder counts and was convicted on his own plea.
The prosecution proposed a custodial rehabilitation programme lasting between 24 and 30 months, accompanied by periodic progress reports to guide a subsequent review of his sentence.
The proposal also takes into account his proposed 11-year custodial term, the period already spent in remand and applicable remission.
Justice Diana Kavedza is expected to sentence the 29 convicts on November 6, 2026.
DPP Ingonga Calls for Global Crackdown on Wildlife Trafficking Networks
If you like our work, you can buy us a soda
Buy us a soda 🥤
