The Court of Appeal in Malindi has made a major ruling that affects controversial preacher Paul Makenzi and 30 others. The court has decided to bring back all the 191 murder charges that had earlier been dropped.
This decision changes a 2024 ruling made by High Court Judge Mugure Thande, who had reduced the number of charges from 191 to just 12. The Court of Appeal has now overturned that decision, saying that the law allows many charges to be filed if they are based on the same incident or series of events.
As reported by the Standard, the judges involved in the decision were Kibaya Laibuta, Grace Ngenye, and Weldon Korir. They explained that the charges against Makenzi and the others are all based on similar facts and events, which happened in the Shakahola Forest in Kilifi County in 2023.
According to the judges, Kenya’s Criminal Procedure Code supports the filing of multiple charges as long as they are legally justified. They said there is no limit in law on the number of charges the prosecution can bring forward when dealing with crimes that come from the same situation.
Controversial preacher Paul Mackenzie during a past court appearance
Paul Makenzi, who leads the Good News International Church, is accused of convincing his followers to fast until death. This resulted in the deaths of many people, including children. The tragic events in Shakahola shocked the whole country and led to one of Kenya’s most disturbing cult-related disasters.
Bodies were discovered buried in shallow graves in the forest, raising serious questions about how such a cult was able to operate for so long without government intervention.
Initially, Judge Mugure Thande had said that having 191 charges was too much and could slow down the justice system. She asked the Director of Public Prosecutions (DPP) to reduce the charges to just 12 to make the process faster. However, the DPP strongly disagreed with that decision and took the matter to the Court of Appeal.
The DPP argued that reducing the charges limited their ability to fully represent the scale of the tragedy and bring justice to the victims and their families.
The Court of Appeal also requested that Chief Justice Martha Koome appoint a High Court judge to hear the case on a daily basis. This is aimed at speeding up the trial and ensuring that justice is delivered without unnecessary delays.
With the charges now fully restored, Makenzi and his co-accused will have to answer for the deaths of 191 people, including vulnerable members of society like women and children. The trial is expected to move forward soon, and many Kenyans will be watching closely to see how the justice system handles this painful and disturbing case.
