After 277 days behind bars, the state has finally pressed charges against cultist Paul Mackenzie over the deaths of 429 people whose bodies were exhumed from the expansive Shakahola forests.
The investigations into the killings have taken the state nine months.
On Tuesday, the Director of Public Prosecutions (DPP), Renson Ingonga, said he was satisfied that, upon analysis of the evidence shared by the Director of Criminal Investigation, there was sufficient evidence to prosecute all 95 suspects being held in connection with the Shakahola deaths.
DPP has prescribed 11 charges among the suspects, including murder, manslaughter, assault causing bodily harm, radicalisation, terrorism, child cruelty, and torture.
However, the Star has learned that the suspects will be charged in groups, depending on their level of participation in the killings.
Wednesday, at Malindi High Court, Mackenzie and 30 other co-accused persons will be the first to be arraigned on the charge of murder.
The criminal case number 3 of 2024 against the 31 was filed on Monday.
In the nine-month investigation, the DCI was able to directly link Mackenzie and 30 others to the deaths of 238 children who were exhumed from Shakahola.
“The murder charges are directly linked to the children whose bodies were exhumed from Shakahola. The 31 are either parents, guardians, or directly involved in the deaths of these children,” said a senior official at the ODPP.
On Friday, a second batch will be charged with other offences, including manslaughter by suicide pact and radicalisation, said the official.
“This case is very complex; from the murder charge alone, the charge sheet is 400 pages. Therefore, we have decided to charge them in bits and by their level of involvement in all this issue,” said the source.
At least 21 suspects who are being held together with Mackenzie, failed to account for the whereabouts of their children, court records show.
Mackenzie, his wife, Rhoda Maweu, and their children are all alive.
According to the investigators, the state has so far been able to conclude DNA tests on at least 15 children, whose bodies were still fresh by the time of exhumation.
One of the children was found to be that of Smart Mwakalama, the second in command in Mackenzie’s Good News International church, that was supposedly shut down in 2019.
Mwakalama, according to investigators, had six children by the time his family was moving to Shakahola.
He and his wife were rescued from Shakahola, however, all their six children are missing.
Mwakalama is said to be from the Kijiwetanga area in Malindi, Kilifi county, and is being accused of ensuring the enforced directive of fasting.
According to court records, statements from witnesses indicate his children and a grandchild died in Shakahola due to fasting and were buried.
Charles Kalume Charo from Bale village in Mombasa county, moved to Shakahola with his wife, three children, and two grandchildren.
His spouse, three children, and two grandchildren are missing.
One of the missing children is said to have quit her job as an air hostess with Qatar Airways and joined her parents at Shakahola.
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David Ambwaya from Ekamanji village in Vihiga county, travelled to Shakahola forest with his wife and five children, all minors.
His wife and five children, whose names are yet to be established, are still missing.
Another suspect, Robert Kahindi Katana, who from Dera village in Tezo location, Kilifi county, has also failed to account for his wife and three children of tender age who are missing.
Mark Kiogora from Kanjagi village in Meru county, was residing in Shakahola with his wife and five children. His wife was rescued, but the whereabouts of the children are not known.
Fredrick Kirimi from Buriemara village in Meru county was also residing at Shakahola with his wife and two children of tender age, who are now all missing.
Baron Chahenza Lung’anyi from Gasianga village in Vihiga county, left his home for Shakahola together with his wife and three children, who are all missing.
Emmanuel Amani Kilumo from Ezamoyo village in Kilifi county was at Shakahola with his wife, two children of tender age and a brother, who are also missing.
The decision to charge Mackenzie and his co-accused comes exactly one week after the Shanzu court threatened to release them if the state failed to charge them within two weeks.
Despite the nine-month confinement, the state had failed to charge them and it was asking for an extension of yet another six months.
On January 9, Shanzu Principal Magistrate Yusuf Shikanda ruled that the state had sufficient time to complete the investigation.
Shikanda directed the state to continue holding the respondent in custody for only a further 14 days, to pave the way for any processing if a decision to charge is made.
“If no decision to charge the respondents will have been made after the expiry of such a period (14 days), the court will consider releasing the respondents from custody on terms that the court will determine,” he ruled.
On Tuesday, the DPP said he was ready to charge Mackenzie and his associates with murder contrary to Section 203 as read with Section 204 of the Penal Code, manslaughter contrary to Section 202 as read with Section 205, and assault by causing bodily harm contrary to Section 251 of the Penal Code.
They will also be charged for allegedly engaging in organised criminal activities, radicalisation, and facilitating the commission of a terrorist act contrary to the Prevention of Terrorism Act, 2012.
Other charges include subjecting children to torture, child cruelty, and infringing on the rights of the children’s education.