EXPOSED: Why Pastor Mackenzie and His Co-accused Were Not Sentenced Immediately After Conviction

When Justice Diana Kavedza Mochache found Paul Mackenzie and 28 others guilty of murder on October 19, many Kenyans expected to hear the sentence the same day. Instead, the court set sentencing for November 6, with a mitigation hearing reported for October 30.

The first reason is simply the scale of the case. The judgment alone took more than eight hours to read, and it covered the deaths of 191 people, 190 of them children. With 29 convicts, the court had a lot to get through even before turning to punishment.

The second reason is the way criminal trials work in Kenya. Conviction and sentencing are two separate steps. Once someone is found guilty, the defence is allowed to present mitigation, which means giving the court reasons to consider a lighter sentence, such as age, family circumstances and personal background.

Prosecutors can respond, and the court may also look at each person’s role in the crimes. Courts here have also moved away from mandatory sentences for murder, so judges are expected to weigh these factors before deciding what each convict deserves.

That matters in this case because the 29 people did not all play the same part. Giving each of them a fair hearing is a major task. It also helps protect the sentence if it is later challenged. The defence lawyer, Lawrence Obonyo, has already said he has been instructed to appeal.

The convicts face a possible life sentence, and Mackenzie still faces separate charges over other deaths, including terrorism and child torture.

For the families of the victims, the wait is painful, but it is not unusual in a case of this size. The coming weeks will show how the court balances mitigation against the horror of what it found.

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