The Director of Public Prosecutions (DPP), Renson Ingonga, has urged the High Court in Mombasa to impose the death penalty on Paul Makenzi for his role in the murder of 191 people, mostly children, in Shakahola Forest. Ingonga's submissions, made by his deputy Jami Yamina, cited the gravity and heinous nature of the offences as reasons for the death penalty. Makenzi and 28 others were convicted of 191 counts of murder arising from the deaths in Shakahola Forest, Malindi Sub-County, Kilifi County, between January 2021 and September 2023.
Yamina told the court that the death penalty was the most appropriate punishment for Makenzi, considering the scale of the loss of life and the threat posed to society. The prosecution cited Section 204 of the Penal Code and the Supreme Court's Muruatetu jurisprudence to support its argument. Makenzi's co-accused, 28 others, are to be sentenced to life imprisonment for their roles in the murders. The DPP argued that their sentences should reflect the seriousness of the offences and the need to protect the public.
The prosecution presented a proposal by the National Counter Terrorism Centre (NCTC), recommending that the convicts participate in rehabilitation programmes to facilitate their reintegration into society. The DPP suggested that the court consider individual levels of culpability and the risk of continued radicalisation when sentencing the co-accused. Yamina also proposed consecutive sentences for the 27 convicts, should the court decline to impose life imprisonment.
In submissions to the court, Yamina stated that the prosecution supports the imposition of capital punishment for Makenzi, subject to consideration of his mitigation, remorse, regret, and prospects of rehabilitation. The DPP's office argued that the sentencing framework should balance retribution, deterrence, public protection, denunciation of crime, restorative justice, and rehabilitation. The court is expected to consider these submissions when sentencing the 29 convicts.
The victims of the Shakahola Forest murders are to be categorised into three age groups: children aged up to seven years, those aged between eight and 14, and minors aged between 15 and 18. This categorisation will guide the sentencing process. The DPP's office also proposed a custodial rehabilitation programme for Enos Amanya Ngala, who pleaded guilty to all 191 murder counts and was convicted on his own plea.
Justice Diana Kavedza is expected to sentence the 29 convicts this coming Friday. The DPP's submissions are aimed at ensuring that justice is served and that the sentences imposed reflect the gravity of the offences committed. The court will consider the proposals and submissions made by the prosecution when determining the sentences.
The Shakahola Forest murders have raised concerns about radicalisation and the spread of extremist ideologies in Kenya. The DPP's office has urged the court to take a firm stance against such crimes and to impose sentences that will deter others from committing similar offences. The case has also highlighted the need for rehabilitation programmes to help individuals who have been radicalised.
Key points
- The DPP has urged the court to impose the death penalty on Paul Makenzi for his role in the murder of 191 people in Shakahola Forest.
- Life sentences have been proposed for Makenzi's 28 co-accused for their roles in the murders.
- The court is expected to consider the DPP's submissions and proposals when sentencing the 29 convicts this coming Friday.
