Murder charges laid against Mackenzie, 95 suspects in Shakahola case

The suspects are also facing manslaughter accusations.

In Summary
  • The ODPP said the suspects also went against the Children Act, 2001, the Prevention of Torture Act,2017 and the Basic Education Act, 2013.

  • The suspects also went against the Prevention of Terrorism Act, 2012 and the Prevention of Organised Crimes Act, 2010.

Controversial preacher Paul Mackenzie in a police Land Cruiser
Controversial preacher Paul Mackenzie in a police Land Cruiser
Image: FILE

Controversial preacher Paul Mackenzie and his accomplices are facing prosecution for the murder of 429 Shakahola massacre victims. 

The ODPP said the 95 suspects committed offences under the Penal Code Cap 63. 

This includes murder contrary to section 203 as read with section 204.

They are also facing manslaughter accusations contrary to section 202 as read with section 205 as well as assault by causing bodily harm contrary to section 251 of the Penal Code.

The suspects also went against the Prevention of Terrorism Act, 2012 and the Prevention of Organised Crimes Act, 2010.

This is after they allegedly engaged in organised criminal activities contrary to section 4 (1) as read with section 3 (n) and section 4 (2) of the Prevention of Organized Crimes Act, 2010.

They also face accusations of radicalisation contrary to section 12D of the Prevention of Terrorism Act, 2012.

It is also alleged that they facilitated the commission of a terrorist act contrary to section 9A of the Prevention of Terrorism Act, 2012.

The suspects were also allegedly in possession of an article connected with an offence under the Prevention of Terrorism Act 2012 contrary to section 30 of the Prevention of terrorism act, 2012.

The ODPP said the suspects also went against the Children Act, 2001, the Prevention of Torture Act,2017 and the Basic Education Act, 2013.

This was allegedly by subjecting a child to torture contrary to section 25 (3) of the Children Act, 2022 as read with section 5 (1) of the Prevention of Torture Act, No. 12 of 2017.

They were allegedly cruel to children contrary to section 152 (1) (a) of the Children Act, 2022 and infringed their right to education contrary to section 30 (1) (2) as read with section 30 (3) of the Basic Education Act, 2013.

Currently, the ODPP is in the process of filing criminal charges against all 95 suspects in different courts within the coast region and simultaneously applying for production orders for the suspects to be arraigned in court to face prosecution for the charges set out above.

The suspects are being charged after investigations into the circumstances under which over 429 people died in Shakahola forest within Kilifi County were undertaken by the DCI.

This was through guidance of officers drawn from the Office of the Director of Public Prosecutions (ODPP).

The files include a homicide Homicide inquiry comprising six box files, an Anti-Terrorism Police Unit (ATPU) inquiry file comprising one inquiry file and three box files. 

DCI also submitted an Anti-Human Trafficking and Child Protection Unit inquiry file comprising 12 box files and an Investigations Bureau inquiry file comprising three box files.

"Upon perusal of all the inquiry files and thorough analysis of the evidence, the ODPP is satisfied that there is sufficient evidence to charge all the 95 suspects who are currently in custody with the following offences," ODPP said in a statement on Tuesday. 


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