By Grace Gilo
The High Court has adjourned the hearing of an application by the Director of Public Prosecutions to oppose bond being granted to Shakahola massacre prime suspect Paul Mackenzie and 29 other suspects.
This adjournment is to give the defense more time to file their submissions in the case in where Mackenzie and his co-accused were charged with murdering 191 people.
The prosecution team informed Lady Justice Mugure Thande that they were prepared to proceed with the case and were willing to grant the defense 7 days to prepare their submissions.
“We have no objection to counsel being granted more time to file the submissions. We may, however, set a ruling date in advance. On our part, we pray to highlight our submissions, if agreeable to the court,” stated the prosecution team.
The prosecution team comprises Senior Assistant DPP Peter Kiprop, Assistant DPP Jami Yamina, Senior Principal Prosecution Counsel Ngina Mutua, Principal Prosecution Counsels Victor Owiti and Betty Rubia and Senior Prosecution Counsel Joseph Mwangi.
Lawyer Wycliffe Makasembo, representing the accused persons, was absent during the proceedings.
In her ruling, the judge instructed the defense to submit their opposition to the DPP’s application by 1 August 2024.
“Hon. Thande further directed parties to highlight their respective submissions on 24 September 2024,” wrote the ODPP.
Additionally, she directed the parties to present their submissions on 24 September 2024 and asked the second defense counsel, James Mouko, to notify Mr. Makasembo of the court’s directives.
The DPP sought to oppose the bond for all accused persons facing murder charges contrary to Section 203 as read with 204 of the Penal Code.
In their application, the prosecution team gave five compelling reasons to deny the suspects’ bond, saying they were flight risks, lacked known permanent abodes, and might interfere with witnesses.
They further posit that the severity of the sentences facing Mackenzie and the 94 others will make them abscond court hearings because they are aware of the strength of the prosecution case.
The prosecution team in the application contends that Mackenzie remains highly influential among his followers and should not be granted bond.
“Some of the state witnesses in the case are children of the suspects, and they are very vulnerable,” the prosecution emphasized.
Meanwhile, the DPP has appealed Hon. Thande’s decision to reduce the 191 murder charges to a maximum of 12 at the Court of Appeal.
A three-judge bench at the superior court in Malindi is slated to schedule a hearing date for the DPP’s appeal.
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 the Shakahola area in the Malindi sub-county within Kilifi County.
They were accused of murdering children, some of whom were identified by their names while others by their initials, since they were unidentified by investigators. The court also heard that the genders of some of the murdered children were unknown.