The High Court is expected to deliver a pivotal ruling today in the case against controversial preacher Paul Mackenzie, determining whether he and 30 co-accused will be required to defend themselves in the Shakahola mass murder trial.
The decision, to be delivered by Diana Kavedza, will establish whether the prosecution has presented sufficient evidence to warrant a full defence hearing in one of Kenya’s most disturbing criminal cases.
Prosecution pushes for defence hearing
The Office of the Director of Public Prosecutions has urged the court to find that the accused have a case to answer, citing extensive evidence presented over months of hearings.
According to the prosecution, 121 witnesses testified, providing accounts that linked the accused to the deaths of victims in Shakahola, Kilifi County. The court also received multiple exhibits intended to support the allegations.
Deputy Director of Public Prosecutions Jami Yamina told the court that testimonies came from individuals who either lived in the area or had direct knowledge of events surrounding the deaths.
“The witnesses gave a first account, not only on what happened to them, but what they know happened to their parents, children, siblings, or their friends or neighbours,” Yamina said.
Allegations of organised operations
Prosecutors argued that the deaths were not isolated incidents but part of a structured system allegedly orchestrated within Mackenzie’s church.
The court heard that followers were subjected to extreme fasting practices, which the prosecution claims directly led to multiple deaths, including those of children.
The state further maintained that minors could not legally consent to such actions, classifying their deaths as murder.
It also argued that malice aforethought could be inferred from the organised nature of the activities, with some of the accused allegedly playing specific roles such as security enforcement, transport coordination, and grave digging.
Forensic evidence and timelines
Investigators presented forensic findings, including DNA analysis, linking some of the accused to victims discovered in Shakahola.
Mackenzie and his co-accused face 191 counts of murder, allegedly committed between January 2021 and September 2023.
The prosecution closed its case in January 2025 after presenting evidence under Sections 203 and 204 of the Penal Code.
Separate case deepens legal troubles
In addition to the Shakahola trial, Mackenzie and seven others are also facing charges related to the Kwa Binzaro killings in a separate case.
In those proceedings, witnesses, including a land surveyor and a forensic officer from the Directorate of Criminal Investigations, testified about the recovery of 28 bodies from shallow graves and other locations.
The prosecution claims the deaths were part of a coordinated plan described as a suicide pact, allegedly carried out between January and July 2025.
Awaiting a critical ruling
The court’s decision will determine whether the accused will proceed to the defence stage or be acquitted at this point.
The outcome is expected to significantly shape the direction of the trial, which has drawn national and international attention due to the scale and nature of the allegations.
