Blow to Pastor Makenzi as court of appeal approves 191 murder charges

The Court of Appeal has granted the Director of Public Prosecutions (DPP) permission to proceed with 191 counts of murder against controversial pastor Paul Makenzi and his 29 co-accused persons.

In a judgment delivered on Friday 11, the court of appeal dismissed a high court decision issued on May 17, 2024 by Justice Mugure Thande that directed the DPP to reduce the murder charges to not more than 12 counts.

''Having carefully considered the record as put to us, the grounds of appeal, the rival submissions, the cited authorities and the law, we reach the inescapable conclusion that the appeal succeeds and is hereby allowed.

"Consequently, the impugned part of the ruling and orders of the high court of Kenya at Malindi M. Thande, J. dated 17th May 2024 directing the DPP to reduce the counts in the charge sheet to no more than 12 is hereby set aside," reads the ruling in part.

Appellate court argued that the law does not limit the number of charges that can be brought against any accused persons.

The appellate bench comprised of Judges Kibaya Imaana Laibuta, Grace Ngenye and Weldon Korir.

The judges found that the 191 counts arose from the same set of facts, and from the same transaction, and that under section 135 of the Criminal Procedure Code (CPC), legally permits such counts.

''The 31 appellants are charged with one offence, to wit, the alleged murder of 191 victims in respect of whom the 191 counts are set out in the information. It is also noteworthy that the offence charged is founded on the same set of facts," reads part of the ruling.

The court also recommended Chief Justice Martha Koome to appoint a high court judge to hear the case on a day-to-day basis to ensure its expeditious determination.