Cult leader Paul Mackenzie and his 94 other co-accused persons on Tuesday had to wait for four and a half hours as the charges of manslaughter were being read against them.
Mackenzie, his wife Rhoda Maweu and the other suspects were arraigned before the Mombasa Chief Magistrate, Alex Ithuku, where they were charged with 238 counts of manslaughter, contrary to Section 202 as read with Section 205 of the Penal Code, Cap. 63 Laws of Kenya.
The 238 people are out of the 429 whose bodies were exhumed from Shakahola Forest after they allegedly fasted to death on the instructions of Mackenzie and his close associates.
The 238 victims in the manslaughter case are all adults.
On Tuesday afternoon, halfway through the court proceedings, the suspect started dozing off because of the humid conditions at the law courts on a sunny afternoon in Mombasa.
It had been agreed that all the suspects should plead guilty or not guilty in unison in a chorus to save the court's time, instead of each of the 95 responding alone.
Ithuku had to intervene so that the suspects would be alert as the charges were being read.
Three court clerks took turns reading all the 238 charges to the 95 suspects. The charge sheet was 479 pages long.
The 95 are accused that on diverse dates between January 2021 and September 2023 at Shakahola area in Malindi Sub-County within Kilifi County jointly killed at least 238 people.
According to the Director of Public Prosecution, the suspects in pursuance of a suicide pact for the object of their death and others not before the court, jointly killed at least 238 people.
At least 23 people out of the 238 have so far been identified.
They are Judith Farasi, Bryson Amanya, Lorna Zayuni, Lucy Mkyagawa, Harry Ngonyo, Esther Biria Masha, Emily Wanje, Gloria Riziki Chengo, and Mary Nekesa Wanyama.
Others are Brenda Achieng, Joseph Juma Buyuka, Rukia Masha, Faith Bella Otieno, Liza Agatha, Raphael Temba, Alex Konde Kaluwa, Pamela Muhonja Mukalasinga, Christopher Were, Agnes Salim, and Robert Simon Katana.
These victims were identified through a DNA process that is still ongoing.
All the suspects denied the charges.
The prosecution opposed the release of each of the 95 accused persons on bond.
The court directed that the application for and against the bond be heard on February 13, 2024, and all the suspects remain in custody at Shimo la Tewa Prison.
Last week, Mackenzie and the co-accused were charged at a Malindi High Court with the murder of 191 children, whose bodies were also exhumed from Shakahola.
Out of the 191 children, only 11 bodies of Seth Hinzano Ngala, Evabra Dito Ngala, Sifa Edison, Nathan Mathu, Neema Robert, Joyce Amani, Stacy Hadama, Elna Mpa, Ejah Nyaleso, Sara Peter and Patience Kahindi had been identified.
The court was told that the children were killed between January 2021 and September 2023 in the Shakahola area in Malindi Sub-County within Kilifi County.
They all denied the charges and the matter will be mentioned on February 8.
So far, Mackenzie and his associates have been charged with three offences: murder, terror-related charges, and manslaughter.
On Thursday last week, Mackenzie and 94 other co-accused persons were charged with four counts of terror-related activities before a Shanzu Magistrate Court.
They were charged with engaging in criminal activity, radicalization, facilitation of the commission of the terror act, and being found in possession of terrorism-related articles at Shakahola.
They also denied all the charges.