The Director of Public Prosecutions (DPP) has urged the High Court in Mombasa to sentence controversial preacher Paul Nthenge Mackenzie to death over his role in the murder of 191 people in the Shakahola tragedy, including 190 children.
Making sentencing submissions on Tuesday, Deputy Director of Public Prosecutions Jami Yamina told the court that the death penalty was the most appropriate punishment for Mackenzie, citing the gravity and heinous nature of the offences.
“The prosecution supports the imposition of capital punishment for Mackenzie, subject to consideration of his mitigation, remorse, regret and prospects of rehabilitation,” Yamina submitted.
The DPP relied on Section 204 of the Penal Code and the Supreme Court’s Muruatetu jurisprudence, arguing that the magnitude of the killings and the threat posed to society justified the proposed sentence.
Mackenzie and 28 others were convicted of 191 counts of murder arising from the deaths at Shakahola Forest in Malindi Sub-County, Kilifi County, between January 2021 and September 2023.
The prosecution has also asked the court to impose life imprisonment on 27 other convicts, arguing that the sentences should reflect the seriousness of the crimes while protecting the public.
Yamina told the court that the sentencing process should take into account retribution, deterrence, public protection, denunciation of crime, restorative justice and rehabilitation.
He further argued that the co-accused had been heavily indoctrinated by Mackenzie and could remain vulnerable to reoffending, urging the court to assess their individual levels of culpability and the risk of continued radicalisation.
The prosecution also 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.
Should the court decline to impose life imprisonment on the 27 convicts, the DPP has proposed consecutive sentences, arguing that each of the 191 deaths constituted a separate murder offence.
The prosecution further suggested that victims 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 — to guide the sentencing process.
Meanwhile, the DPP has proposed a custodial rehabilitation programme of between 24 and 30 months for 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 his plea-bargaining agreement, with periodic progress reports to inform a subsequent review of his sentence.
The proposal also takes into account his proposed 11-year custodial term, time already spent in remand and applicable remission.
Justice Diana Kavedza is expected to deliver sentences against the 29 convicts on November 6, 2026.
