By Andrew Kariuki
Pastor Paul Mackenzie and 30 co-accused persons will now mount their defence after the court ruled that there is sufficient evidence linking them to the Shakahola murder case.
In a ruling delivered at the Mombasa Law Courts, Justice Diana Kavedza found that the prosecution had established a prima facie case in the 191 murder charges facing the accused, placing them on their defence.
The judge held that the evidence presented before the court, taken in its totality, warranted a response from the accused persons.
During the proceedings, the prosecution, led by Deputy Director of Public Prosecutions Joseph Kimanthi and Jami Yamina, called 121 witnesses, including survivors, investigators and expert witnesses, and produced exhibits such as postmortem reports and government analyst findings.
Justice Kavedza noted that it was not disputed that bodies, including those of children, were exhumed from Shakahola, with some identified and handed over to families for burial.
She further observed that testimonies from relatives confirmed the deaths of children linked to the case, while other witnesses placed several of the accused at the scene, describing them as having specific roles within the settlement, including guards, cooks, grave diggers and village elders.
Mackenzie, also known as “Mtumishi” and “Nabii,” had been charged alongside 31 others under Section 203 as read with Section 204 of the Penal Code.
The court clarified that one of the accused, Enos Amanya, alias Amos Ngala Amanya and “Aleluya,” had already pleaded guilty and is awaiting sentencing, leaving 30 accused persons subject to the current ruling.
The defence has indicated it will present sworn testimony and call 12 witnesses, including six expert witnesses, as the case proceeds.
Other members of the prosecution team include Assistant Director of Public Prosecutions Ngina Mutua, Principal Prosecution Counsels Victor Owiti, Betty Rubia and Alex Ndiema, and Prosecution Counsel Yassir Mohamed.
The matter will now proceed to the defence stage as the court continues to hear one of the country’s most significant criminal cases.
