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 Shakahola massacre that claimed 191 lives, including 190 children.
During sentencing submissions on Tuesday, Deputy Director of Public Prosecutions Jami Yamina told the court that the death penalty would be the most appropriate punishment for Mackenzie, considering the seriousness and brutality of the offences.
Yamina argued that the scale of the tragedy and the loss of innocent lives justified the harshest possible sentence under the law.
“The prosecution supports the imposition of capital punishment for Mackenzie, subject to consideration of his mitigation, remorse, regret and prospects of rehabilitation,” he submitted.
The prosecution relied on Section 204 of the Penal Code and the Supreme Court's Muruatetu jurisprudence, arguing that the circumstances surrounding the killings warranted a death sentence.
Mackenzie and 28 co-accused were convicted of 191 counts of murder linked to the deaths of followers at Shakahola Forest in Malindi Sub-County, Kilifi County, between January 2021 and September 2023.
The DPP also asked the court to impose life imprisonment on 27 of the co-convicts, saying the punishment would reflect the seriousness of their actions while protecting the public from similar crimes.
Yamina told the court that the sentencing process should consider several objectives, including punishment, deterrence, rehabilitation, public protection and justice for the victims.
He further argued that some of the co-accused had been deeply influenced by Mackenzie's teachings and could remain vulnerable to further radicalisation if appropriate measures were not taken.
The prosecution urged the court to consider each convict's level of involvement while also taking into account the possibility of reoffending.
In addition to the proposed prison sentences, the DPP presented recommendations from the National Counter Terrorism Centre (NCTC), calling for the convicts to undergo voluntary rehabilitation programmes and participate in activities aimed at challenging extremist beliefs to support their eventual reintegration into society.
Should the court decline to impose life imprisonment on the 27 convicts, the prosecution proposed consecutive sentences, arguing that each of the 191 deaths represented a separate murder offence deserving individual consideration.
The prosecution also suggested grouping the victims according to age, with children aged seven years and below, those between eight and 14 years, and minors aged between 15 and 18 years, to help guide the sentencing process.
Meanwhile, the DPP asked the court to consider a separate sentencing proposal for Enos Amanya Ngala, who pleaded guilty to all 191 murder charges and was convicted on his own plea.
The prosecution proposed that Ngala undergo a custodial rehabilitation programme lasting between 24 and 30 months, with regular progress reports submitted to the court to guide a later review of his sentence.
The proposal also takes into account his suggested 11-year custodial term, the period he has already spent in remand and applicable remission.
Justice Diana Kavedza is expected to deliver the sentences against the 29 convicts on November 6, 2026.
