KILIFI, Kenya — The prosecution has secured a major legal milestone after a court in Mombasa ruled that Pastor Paul Mackenzie and 30 co-accused have a case to answer in connection with 191 counts of murder linked to the Shakahola tragedy.
In a ruling delivered on Wednesday, Justice Diana Kavedza found that the prosecution had established a prima facie case against all the accused, placing them on their defence.
The prosecution presented testimony from 121 witnesses, including survivors, forensic experts, and investigating officers. The evidence tabled in court included postmortem reports and findings from government analysts.
In her ruling, Justice Kavedza stated that the material presented demonstrated key undisputed facts in the case.
“It is not in dispute that bodies of children were exhumed at Shakahola, some of the remains were identified and released to the relatives for burial,” she said.
She further noted that several relatives of the accused persons testified, confirming the deaths of their children.
Witness testimony also placed some of the accused at or near the scene, describing them as individuals performing roles within the Shakahola settlement, including village elders, guards, grave diggers, and cooks.
Following the ruling, the defence indicated it would proceed with sworn testimony and call 12 witnesses, including six experts and several of the accused persons.
Pastor Mackenzie, also known as Mtumishi and Nabii, was initially charged alongside 31 others under Section 203 as read with Section 204 of the Penal Code.
One of the accused, Enos Amanya, also known as Amos Ngala Amanya or Aleluya, pleaded guilty earlier and is awaiting sentencing. The current ruling applies to the remaining 30 accused persons.
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The case stems from the widely reported Shakahola forest deaths, where hundreds of bodies, many believed to be victims of starvation linked to a religious cult, were discovered in Kilifi County.
Investigations into the incident have drawn national and international attention, raising concerns over cult activities, religious extremism, and regulatory oversight of religious institutions in Kenya.
Authorities have described the case as one of the most severe criminal investigations in the country’s recent history, with ongoing exhumations and forensic analysis continuing to shape the prosecution’s case.
The case is being led by Deputy Director of Public Prosecutions Joseph Kimanthi and Jami Yamina, alongside Assistant Director Ngina Mutua and a team of senior prosecution counsels, including Victor Owiti, Betty Rubia, Alex Ndiema, and Yassir Mohamed.
