- Thande, together with other 2 judges sitting in Malindi Law Courts had ruled that the charges against the controversial pastor be reduced to ensure quick delivery of justice.
- The Director of Public Prosecution has also opposed release on bond for all accused persons charged with the offence of murder.
Image: HANDOUT
The Director of Public Prosecution has moved to the Court of Appeal to oppose a ruling by Lady Justice Mugure Thende of Malindi Law Courts to reduce controversial preacher Paul Mackenzie's murder charges to 12 from the current 191.
Thande, together with two other judges sitting in Malindi Law Courts had ruled that the charges against the controversial pastor be reduced to ensure quick delivery of justice.
At the same time, the High Court has today adjourned the hearing of an application by the DPP to oppose bond being granted to Shakahola massacre prime suspect Paul Mackenzie and 29 other suspects.
This, the DPP has said it will give time for the defence to file their submissions in the case Mackenzie and his co-accused are facing charges of killing 191 people.
In a post on their X account, the DPP has said that the prosecution is ready to proceed with the case and that they will not oppose the defence's prayer of being granted 7 days to fully prepare themselves for the case.
“We have no objection to counsel being granted more time to file the submissions. We may, however, set a ruling date in advance. On our part, we pray to highlight our submissions, if agreeable to the court,” the prosecution team said.
DPP added that lawyer Wycliffe Makasembo, who is appearing for the 30 accused persons, was absent to represent his clients.
The Director of Public Prosecution has also opposed release on bond for all accused persons charged with the offence of murder.
In their application, the prosecution team gave 5 compelling reasons including them being flight risks, lacking known permanent abodes, and their likelihood to interfere with witnesses.
The team further said that the severity of the sentences facing Mackenzie and the 94 others will make them abscond court hearings because they are aware of the strength of the prosecution case.
The prosecution says that Mackenzie is still very influential among his followers and should not be released on bond.
"Mackenzie is still very influential among his followers and should not be released on bond. Some of the state witnesses in the case are children of the suspects, and they are very vulnerable.” said the DPP