Shakahola trial advances as court puts Mackenzie, co-accused on defence

NAIROBI, Kenya, Apr 15 — A court in Mombasa has ruled that Shakahola cult leader Paul Mackenzie and 30 co-accused have a case to answer in the ongoing trial over 191 counts of murder linked to the Shakahola massacre.

In a key ruling, Justice Diana Kavedza said the prosecution had established a prima facie case against all the accused, placing them on their defence.

“I have considered the evidence of 121 witnesses, including expert testimony, postmortem reports, government analyst findings, and the totality of the material placed before the court,” she said.

The judge noted it was not disputed that bodies — including those of children — were exhumed from Shakahola Forest, with some remains identified and released to families for burial.

Several relatives also testified, confirming the deaths of their children.

“What remains in issue at this stage, therefore, is not whether deaths occurred, but whether the 30 accused persons before this court caused those deaths,” she ruled.

Justice Kavedza said witnesses had placed some of the accused at or near the scene during the material time, describing them as village elders, guards, gravediggers, cooks and other roles within the settlement.

However, she clarified that determining whether there is direct or circumstantial evidence linking each accused person to specific deaths is not required at this stage.

Common intention

The court further observed that the prosecution relied on the doctrine of common intention under Section 21 of the Penal Code, arguing the accused acted in concert towards a shared objective.

It also cited the “last seen together” principle, placing the accused in proximity to the victims.

While the prosecution argued that the circumstances required the accused to explain events leading to the deaths, the judge emphasised that the legal burden of proof remains with the prosecution.

“At this stage, the court is not required to make any definitive finding of guilt. The question is whether the evidence, taken as it is, discloses a prima facie case requiring the accused persons to be put on their defence. I am satisfied that it does,” she said.

The prosecution had called 121 witnesses — including survivors, experts and investigators — and presented exhibits such as postmortem reports and government analyst findings.

Following the ruling, the defence indicated it will present sworn testimony and call 12 witnesses, including six experts and some of the accused persons.

The case is being prosecuted by a team from the Office of the Director of Public Prosecutions led by Deputy Director Joseph Kimanthi, alongside Jami Yamina, Assistant Director Ngina Mutua, and prosecution counsels Victor Owiti, Betty Rubia, Alex Ndiema and Yassir Mohamed.

One accused person, Enos Amanya, had earlier pleaded guilty and is awaiting sentencing. The ruling applies to the remaining 30 accused.

The trial now moves to the defence phase.