DPP seeks death sentence for Pastor Mackenzie over 191 Shakahola deaths

Paul Mackenzie (centre) and 30 followers before court. (Photo: ODPP Kenya)

The Director of Public Prosecutions (DPP) has asked the High Court in Mombasa to sentence controversial preacher Paul Nthenge Mackenzie to death over the murder of 191 people at Shakahola Forest, including 190 children.

In its sentencing submissions, the prosecution argued that the death penalty was the most appropriate punishment given the number of lives lost and the seriousness of the offences.

Deputy Director of Public Prosecutions Jami Yamina, who presented the submissions, told the court that the nature of the crimes and their impact on society justified the harshest possible punishment.

“The prosecution supports the imposition of capital punishment for Mackenzie, subject to consideration of his mitigation, remorse, regret and prospects of rehabilitation,” Yamina submitted.

To support its request, the prosecution cited Section 204 of the Penal Code and the Supreme Court’s Muruatetu jurisprudence, arguing that the circumstances of the case warranted the death sentence due to the scale of the killings and the danger posed to society.

Mackenzie was convicted alongside 28 other people on 191 counts of murder arising from the deaths of 191 victims at Shakahola Forest in Malindi Sub-County, Kilifi County, between January 2021 and September 2023.

The DPP also asked the court to sentence 27 of the other convicts to life imprisonment, arguing that their punishment should reflect the gravity of the offences while protecting the public from further harm.

The prosecution told the court that the sentencing process should take into account several objectives, including retribution, deterrence, public protection, condemnation of criminal conduct, restorative justice and rehabilitation.

Yamina further argued that the other convicts had been heavily indoctrinated by Mackenzie, leaving them vulnerable to committing similar offences.

He urged the court to assess the individual responsibility of each convict while considering the possibility that some could remain exposed to radicalisation.

The prosecution also presented recommendations from the National Counter Terrorism Centre (NCTC), which proposed that the convicts voluntarily take part in rehabilitation programmes and engage with counter-narratives to support their eventual reintegration into society.

Should the court decline to impose life imprisonment on the 27 convicts, the DPP proposed consecutive prison sentences, arguing that each of the 191 deaths represented a separate murder offence.

The prosecution further suggested that the victims be placed into three age categories to guide the court during sentencing.

The proposed groups include children aged up to seven years, those aged between eight and 14 years, and minors aged between 15 and 18 years.

In the case of Enos Amanya Ngala, who pleaded guilty to all 191 murder charges and was convicted on his own plea, the prosecution asked the court to consider the plea-bargaining agreement reached in his case.

The DPP proposed that Ngala undergo a custodial rehabilitation programme lasting between 24 and 30 months, with regular progress reports submitted to the court to help determine whether his sentence should be reviewed.

The proposed arrangement takes into account his proposed 11-year custodial term, the time he has already spent in remand and the applicable remission.

Justice Diana Kavedza is expected to sentence all 29 convicts on November 6, 2026.