DPP appeals court ruling to reduce Makenzi's murder charges from 191 to 12

Justice Thande said the 191 counts would put an immense burden on the judge and jury, describing them as oppressive and a violation of the constitutional rights of the accused persons.

"I, accordingly, direct the prosecution within 21 days to file amended information with reduced counts not exceeding 12," she said in her ruling delivered in May.

The DPP filed the case at the Court of Appeal in Malindi seeking clarity on why the charges against Makenzi and his co-accused should be reduced to not more than 12. 

The DPP argued that Justice Thande erred in law by directing the filing of information on counts not exceeding 12 saying this was in contravention of the Constitution.

Senior Assistant DPP Peter Kiprop said they were aggrieved by the Judge’s ruling delivered on May 17, 2024, at Malindi High Court.

“The learned judge erred in law and in fact by directing the filing of an information of counts not exceeding 12 in a manner that was not in conformity with the provisions of Section 135(3) of the Criminal Procedure Code, Cap 75 Laws of Kenya,” read the appeal in part.

The prosecution further argued that the judge erred in law and fact and failed to apply in her mind the proper applicable tests of particulars.

They submitted that the judge erred in law and fact by arriving at a conclusion that was at variance with its analysis and finding that the charges were properly drafted.

In her ruling, Justice Thande said that reducing the 191 murder charges against Mackenzie and his 29 co-accused will facilitate quick delivery of justice to all parties, besides saving precious judicial time.

The court gave the DPP 21 days to amend the information containing the murder counts before filing fresh charges against the suspects. 

Meanwhile, the DPP told the court that Makenzi was not fit for bail because he is still influential amongst his followers.

The DPP told Justice Thande that the controversial pastor will interfere with witnesses most of whom are his staunch followers.

The DPP led by Senior Assistant DPP Peter Kiprop, said that some of the state witnesses in the case are children of the suspects, and they are vulnerable.

“We know that Mackenzie is still very influential among his followers, and should not be released on bond as he is most likely to interfere with the witnesses,” said Kiprop, adding that the accused were flight risks and lacked known permanent abodes.

They further said that the severity of the sentences facing Makenzi and 94 others will make them abscond court hearings because they are aware of the strength of the prosecution case.

Justice Thande adjourned the hearing of the DPP’s application to oppose Makenzi’s bond application.

In her ruling, the Judge directed the defense to file their submissions in opposition to the DPP’s application on or before August 1, 2024.

She further directed parties to highlight their respective submissions on September 24, 2024.

Mackenzie and his co-accused jointly pleaded not guilty to 191 counts of murder contrary to section 203 as read with 204 of the penal code.

They allegedly committed the offences on an unknown date between January 2021 and September 2023 in Shakahola area in Malindi sub-county within Kilifi County.

They were accused of murdering children, some of whom were identified by their names while others with initials, since they were unidentified by investigators. The court also heard the genders of some of the murdered children were unknown.

More than 234 bodies were exhumed from grave sites in Shakahola.