By Tajeu Shadrack Nkapapa
The Director of Public Prosecutions has appealed against the High Court ruling directing the reduction of 191 charges of murder against Shakahola massacre prime suspect Paul Mackenzie and 29 other suspects.
The Court of Appeal in Malindi is expected to set a hearing date for the DPP’s appeal, which has been filed in court.
According to the Director of Public Prosecutions Lady Justice Mugure Thande ruled that the charges were overloaded and directed the DPP to amend the charges and ensure the counts did not exceed 12.
Hon. Thande’s decision emphasized that by decreasing the 191 murder charges against Mackenzie and his 29 co-accused, the process of delivering justice to all involved parties would be expedited, ultimately saving valuable judicial time.
She instructed the DPP to revise the documentation outlining the murder charges within 21 days and to bring forth new charges against the accused individuals.
The prosecution team led by Senior Assistant Director of Public Prosecutions, Peter Kiprop, indicated that they have been aggrieved by Hon. Thande’s ruling delivered on 17 May 2024 at Malindi High Court.
According to the memorandum of appeal, the prosecution indicated that the learned judge erred in law and fact by directing the filing of information on counts not exceeding 12 in contravention of the constitutional mandate of the DPP.
“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,” the prosecution team added.
They also indicated 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.
The court is also set to consider a request from the prosecution to object to the bail release of Mackenzie and his co-accused.
Hon. Thande directed parties to highlight submissions on the prosecution’s application to oppose bond on 18, July 2024.