The Director of Public Prosecutions (DPP) in Kenya has urged the High Court in Mombasa to sentence controversial preacher Paul Nthenge Mackenzie to death for his role in the Shakahola massacre. The massacre resulted in the deaths of 191 people, including 190 children, between January 2021 and September 2023. Deputy Director of Public Prosecutions Jami Yamina made the submissions during sentencing proceedings.
Mackenzie and 28 co-accused were convicted of 191 counts of murder arising from the deaths at Shakahola Forest in Malindi Sub-County, Kilifi County. The prosecution relied on Section 204 of the Penal Code and the Supreme Court's landmark Muruatetu jurisprudence to argue that the circumstances of the case warranted the death penalty.
The DPP also urged the court to sentence 27 other convicts to life imprisonment, arguing that the punishment should reflect the seriousness of the crimes while protecting the public from further harm. Yamina told the court that sentencing should take into account several objectives, including retribution, deterrence, public protection, denunciation of crime, restorative justice, and rehabilitation.
The prosecution presented recommendations from the National Counter Terrorism Centre (NCTC), proposing that the convicts voluntarily participate in rehabilitation programmes and engage with counter-narratives to support their eventual reintegration into society. The DPP further suggested that the victims be categorised into three age groups to guide sentencing: children aged up to seven years, those aged between eight and 14, and minors aged between 15 and 18.
In the case of Enos Amanya Ngala, who pleaded guilty to all 191 murder counts and was convicted on his own plea, the prosecution asked the court to consider the terms of his plea-bargaining agreement. The DPP proposed a custodial rehabilitation programme lasting between 24 and 30 months, with periodic progress reports to guide a subsequent review of his sentence.
The Shakahola case stems from the discovery of mass graves and bodies in Shakahola Forest, where investigators established that hundreds of people had died in circumstances linked to a religious movement led by Mackenzie. The sentencing proceedings mark a critical stage in one of Kenya's most devastating cases involving religious extremism and the exploitation of vulnerable followers.
Justice Diana Kavedza is expected to sentence the 29 convicts on November 6, 2026. The DPP's submissions take into account the gravity of the offences, the scale of the loss of life, and the need for retribution, deterrence, and public protection.
Key points
- The DPP has urged the court to impose the death penalty on Pastor Mackenzie and life imprisonment on 27 co-accused for their roles in the Shakahola massacre.
- The prosecution has proposed a custodial rehabilitation programme for Enos Amanya Ngala, who pleaded guilty to all 191 murder counts.
- The sentencing proceedings are a critical stage in one of Kenya's most devastating cases involving religious extremism and the exploitation of vulnerable followers.
