The Director of Public Prosecution (DPP) has appealed to the Court of Appeal against a ruling by Lady Justice Mugure Thende of the Malindi Law Courts to reduce the murder charges against controversial preacher Paul Mackenzie from 191 to 12.
Lady Justice Thende, along with two other judges in the Malindi Law Courts, had decided to reduce the charges against Mackenzie to expedite the delivery of justice.
Simultaneously, the High Court has adjourned the hearing of an application by the DPP opposing the granting of bond to Paul Mackenzie, the prime suspect in the Shakahola massacre, and 29 other suspects. The adjournment is to allow the defense time to file their submissions. Mackenzie and his co-accused are charged with the murder of 191 people.
In a post on their X account, the DPP stated that the prosecution is prepared to proceed with the case and will not oppose the defense’s request for an additional seven days to prepare their 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.
The DPP also noted that lawyer Wycliffe Makasembo, representing the 30 accused persons, was absent.
The DPP has opposed the release on bond for all the accused, citing five compelling reasons: they are flight risks, lack known permanent abodes, and are likely to interfere with witnesses. Additionally, the severity of the sentences they face may lead them to abscond court hearings due to the strength of the prosecution’s case.
The prosecution further argued that Mackenzie remains highly influential among his followers and should not be released on bond. They emphasized that some state witnesses in the case are the children of the suspects and are very vulnerable.